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We purchased a cedar fence from a fence company and found…

We purchased a cedar...

We purchased a cedar fence from a fence company and found out the fence is constructed with spruce, is there any legal action we can take? We were planning on having a contractor build a custom gate and he informed me the fence is not cedar.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Deptford NJ

Lawyer's Assistant: Has anything been filed or reported?

Not yet

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I confirmed what to look for Confirmed what to look for for my lumberyards was specializing in her lumbar the hardwoods

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Answered in 1 minute by:
7/17/2017
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,040
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good afternoon. Absolutely, you have recourse. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter detailing the history, including the representation this fence would be cedar, and demand they either re-do the fence in cedar or pay you an acceptable amount (to you) to accept the fence as is. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments.

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Customer reply replied 1 year ago
Appreciate the keywords to use and letter and we will be taking action thank you much for your advice and I will write you a five definitely thank you

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

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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.

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