Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

The ad in the newspaper said New Santa Fe Leather couch paid

$7300 will sell for $1950...
The ad in the newspaper said New Santa Fe Leather couch paid $7300 will sell for $1950. I bought it and then found out it wasn't leather. Can I sue the seller in small claims court for faliure on a oral contract?
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
11/5/2013
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,548
Experience: 30 years in civil, probate, real estate, elder law
Verified

Ray :

Hi and welcome to JA. I am Ray and will be the expert assisting you tonight.

Customer:

Hi There Ray - would do you think on this?

Ray :

You can sue up to $2,500 here in Arizona small claims.You would argue that you did not get what you paid for here and that there was a breach of oral agreement.

Ray :

You would seek judgment for the amount of your loss and the filing fees.

Ray :

Free forms and self help.

Ray :

Here are the elements fo breach of oral contract..

Customer:

I did file in small claims court and had her served. She responsed that there was no contract so I have no case. I still have the ad from the paper just wanting to know if I should continue with the case if the judge will rule in my favor or is there something elese they could throw it out on.

Ray :

Sure you can argue there was in fact an oral contract here.The fact she is denying it doesn't mean you cannot prove otherwise.You need pictures here or proof it was not leather as advertised.

Ray :

I think the judge would agree with you--bring the ad as well.

Ray :

Take your chances with the judge--you have great facts here you didn't get what she advertised here.

Customer:

I have Brett Interiors and Lazy Boy staff that told me I am sure I can get letters from them with pictures.

Ray :

Then you may well prevail here with good evidence to support your arguments.

Ray :

MAke several copies of everything and organize it. an index is a great idea--Petitioners # XXXXX 2, 3, etc and label the exhibits.

Ray :

That way the judge can follow along as you present your case.

Ray :

I wish you good luck in small claims .I think you have some good arguments to make.

Customer:

That is what I was thinking. I kept the ad now she said to me after I told her that it wasn't leather that she was shocked and that he interior designer she bought them less than a year ago said they were custom made. So she said she din't know and I said that wasn't my issue??

Customer:

She was going to get with her designer to find out about it and then after three days she didn't return my calls.

Ray :

She isn't going to get far with the judge she advertised it otherwise.She bears the burden here to be honest in her ad and dealings.

Customer:

Great Thank you!

Ray :

This really coems down to her credibility and it doesn't appear she will have any.

Ray :

You are so welcome.

Ray :

If you can leave a positive rating it is always appreciated.

Ray :

Thanks again..

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,548
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
Ask your own question now
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Ask Your Own Legal Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,548
44,548 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray 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

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 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

42,358 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

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am a Colorado corp. and would like to use small claims
I am a Colorado corp. and would like to use small claims court to set aside a contrac, is this available … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
298 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
Is an oral contract and I'm assuming that because I did pay
Is an oral contract and I'm assuming that because I did pay $1000 down on $2000 marketing services arrangement, and the marketing person wrote an online profile, replete with errors, is within the sta… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is an oral contract and I'm assuming that because I did pay
Is an oral contract and I'm assuming that because I did pay $1000 down on $2000 marketing services arrangement, and the marketing person wrote an online profile, replete with errors, is within the sta… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
An oral contract froth sale of real property is an example
An oral contract froth sale of real property is an example of contract that is void? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
What are the requirements oral contract? Idaho, no this is a
no this is a farm lease that has erxpired the tenant won't vacate the property. we meat with our laywers and started discussing a new least he wanted a 10 year lease with 10 year option I said no to the option and said only 10 years. the meeting ended with no contract. latter I saw the tenant at a grocery store and told him to vacate my property, he said he is going to sue me because we have an oral contract for 10 years. … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Are oral contracts enforceable? Nj. Had a contract with a
had a contract with a salesman to sell my group health ins. accts to. we agreed to 1 times comm at 25% yr for 4 yrs.,no d/p or int. All consultants said it was more thn fair He stoped paying after 1 yr. and 3 months… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 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