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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 41003
Experience:  30 years in civil, probate, real estate, elder law
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The ad in the newspaper said New Santa Fe Leather couch paid

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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?

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 and other Legal Specialists are ready to help you
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.

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