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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I traded in my used golf cart 1995 Club Car 36 volts at Arts

Customer Question

Hi my name is***** traded in my used golf cart 1995 Club Car 36 volts at Arts Carts for a 2012 E-Zgo 48 volt. I explained that my batteries were all replaced because they started started to fail. Mcartys Carts replaced all of the batteries for free explaining that some times this happens. I explained all of this to Art the owner, I also took about 10 pictures of my cart and showed him. He liked the looks of it and offered me $2500.00 on a trade for the 2012 cart that he was selling. The deal went down last Tuesday when I put an extra $1,000.00 down so as to keep the payments lower. Art just called and threatened to bring my old cart back because the batteries were of a cheaper brand than he uses Trojan brand. He said he didn't make as much as he should have. he now wants $535.00 more so that he can replace the batteries with his brand Trojans. What should I do.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Art is liable for the deal he made. It was his duty to inspect the cart and do his own due diligence prior to making the deal. If he failed to do that and signed the deal with you, then he legally cannot insist on more money and cannot make you pay more money for the batteries. If you provided him proper information and did not misrepresent the cart to him, which you sending him pictures and all would show you did not, then he has no legal justification for doing so. You need to send him a letter telling him that he is in breach of contract and you have an agreed upon contract, you never misrepresented anything to him and that the dealer replaced the batteries as you told him, so you did not fail to disclose information. Tell him if he continues you will pursue him for breaching the contract with you and to cease and desist his insistence on more money.

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