Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a situation with a product purchased off of eBay. The

Customer Question
item was paid for and...
I have a situation with a product purchased off of eBay. The item was paid for and my card was charged on the 27th. It is a time sensitive product that prevents seed grow in vegetation. I grow herb here in California under prop 215 and am totally compliant with the laws. Without this product a 40k to 50k loss is inevitable. The purchase was made on the 26th of June, giving one shipping address, with a delivery date of the 3rd of July and a second set of e same product was purchased on the 27th of June giving a separate delivery address and a agreed upon delivery date of Friday the 5th of July, this Was in no part a mistake. The seller had marked the items as sent and in the mail on the 29th of June as i had recieved an email from ebay comfirming this, meaning that they should have arrived on time. The seller then sent me this email today: "Dear buttworms,

I noticed that 5 of the reverse flower is shipping to 1 address in Santa Rosa ,CA and another 5 of the reverse flower is being shipped out to a different address also in Santa Rosa , CA ????? Please let me know if this is the case,i noticed the 2 different address and wanted to make sure before i shipped them out to you.Thanks again for your order. Once you confirm the address issue,your items will be delivered flat rate priority shipping and should only take 3 days to get to you.

- highroller132010
Click "respond" to reply through Messages, or go to your email to reply"

Meaning that the time sensitive product that I have already paid for and am in great need of is not even in the mail yet.

I spoke to the seller today and he told me it will get there when it will get there and here is no contract and he has signed nothing.

I am interested in filing a civil suit for the loss.

I am also wondering if there are any criminal charges of fraud for misrepresentation and lying about a note being charged for claiming that it had been shipped but has not.
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
7/5/2013
Lawyer: CalAttorney2, Attorney replied 4 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

William B. Esq. :

The issues you present here are for breach of contract, you may have a case for fraud, although it will be difficult to prove (you may still file it in conjunction with your breach of contract claim).l

William B. Esq. :

Your order was time sensitive and time was made specifically of the essence. If this was a "material term" of the contract, and they failed to deliver under this term, they are in breach of the contract and liable for all damages that arise from that breach.

William B. Esq. :

To prove a cause of action for fraud, you must prove that the defendant stated something that was false (they knew it was false at the time, not merely said something that later proved to be untrue - such as promising a delivery date they later were unable to meet), you relied upon the statement, and suffered damages. (this is the simplified elements for a cause of action for fraud).

William B. Esq. :

This would be a civil matter and not a criminal one.

Customer: That's what I thought about being civil over criminal. If I filed a civil suit against this person that is ,
Customer: Located in Michigan would I need to go to court out there? What would it entail as far as cost and proof of loss?
William B. Esq. :

You can file a lawsuit where the defendant is located, or where the contract is to be performed. To prove the value of the loss (particularly in a case such as yours), you may need an expert witness to identify the value of the loss. You may be able to act as your own expert, but the obvious issues with self serving testimony arise, this of course is offset by the reduction in costs.

Customer: There was an agreed upon delivery date as well as him marking it as "in the mail" being delivered on the 29th yet when I just spoke with him he said he sometimes marks it as on the mail when he thinks he's going to get to it soon
Customer: I may be able to have others in my profession make a estimation of loss but as far as professionals in an industry such as prop 215 production, it may be difficult to have someone want to go on record. Do you think it may be advantageous to file a suit with this individual hoping for a settlement without having to actually go to court. What would the cost be to initially file a suit against this seller?
Ask Your Own Legal Question
Lawyer: CalAttorney2, Attorney replied 4 years ago
Dear Customer, my apology for the break in the "chat" function, I had a brief technological error.

This information by itself does not necessarily create a cause of action for fraud (remember you were not relying on this when you made your purchase, it happened after you placed your order), but it can substantially help with your breach of contract claim - he should have delivered the product on time).
Ask Your Own Legal Question
Customer reply replied 4 years ago
How much would it cost to file a lawsuit for damages an is there a chance that it would be Steve out of court?
Lawyer: CalAttorney2, Attorney replied 4 years ago
A general civil case (a matter with $50,000.00 requires a general civil filing) can cost up to $100,000.00 or more to prosecute with legal counsel, experts, and court costs. It is possible to have one cost less, or cost much more.

It is very common to settle matters out of court, and pre-litigation demand letters are common to get parties to enter into discussions. (Courts generally prefer parties to try settling before lawsuits - there is no real way to enforce it, but they do like it).
Ask Your Own Legal Question
Customer reply replied 4 years ago
Those numbers sound a bit high for a potential loss of 50 thousand. I am curious S to how much it would be to hired an attorney to file the suit? No the entire potential cost of the case, just to see if I can get a response for this person to hopefully get them to take up some of the loss.
Lawyer: CalAttorney2, Attorney replied 4 years ago
Look for a civil litigation attorney. I cannot speak for the costs of an attorney, most in the Bay Area run between 250-350 an hour, but again, the cost can vary widely.

I would advise asking an attorney to review your claim specifically and see what they come up with for a budget as opposed to making any reliance on my rough figure, the wide difference in types of cases and litigation issues can dramatically reduce or increase costs.
Ask Your Own Legal Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
How can I find a process server to serve civil litigation
Hi how can I find a process server to serve civil litigation papers in Sweden? Please refer some service providers.Thanks,… read more
socrateaser
socrateaser
1,031 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I would like to start a civil litigation suit against
I would like to start a civil litigation suit against several large and powerful companies and some personally. Since the election of President Trump, the constant repeating of the white racist is vio… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I have a civil litigation question. New York. The other
I fired a contractor who took half the payment in advance and then wont show up to work. I asked my money back and he wont give me. I confiscated his tools. Now his actions are making me concern for my safety.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
How do I amend a civil litigation paper that has already
How do I amend a civil litigation paper that has already been filed but not served? Can I add facts happened after the original filing date in the amendment? In the original filing there is no stateme… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
If someone sues me for a breach of contract and they are
If someone sues me for a breach of contract and they are trying to add up debatable if not erroneous monies indirect of the contract (like pain and suffering, missed vacation etc) they want to recover… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Civil litigation question: I am responding as a pro per in a
Civil litigation question: I am responding as a pro per in a civil litigation matter in state court. Plaintiff has filed a Motion to Strike a Motion filed by me. My question is: Can I cite a Federal D… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
In a civil litigation situation, the other side is
In a civil litigation situation, the other side is attempting to subpoena business records from a social media website (third party/non party) that I used, claiming that I used it during a certain per… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x