QUESTION
Can I sue someone for shipping charges? Total shipping would be $1,450.00
Asked on Oct 03rd, 2021 on Contracts - Pennsylvania
More details to this question:
I'm a PA resident and bought a vehicle from a seller in Florida. He has a big collection and seemed like a trustworthy person. He told me there was No Rust on the vehicle and that the vehicle was mechanically perfect. When the car arrived, it was a rust bucket. It was so bad that the front passenger floor had a huge hole in it where you can see the carpet coming through. The frame had rust all over it, the door paint was bubbling from rust...it was everywhere. Also...it was leaking fuel at the engine, it was leaking oil and it was leaking transmission fluid. Both balljoints were shot and the center support for the driveshaft was obliterated. To add insult to injury, he shipped it with an empty tank...so I had to fill it with a gas can. I'm currently awaiting my refund of $33,000.00 from him, but are the shipping charges something I could pursue?
1 ANSWER
You can sue anyone for anything, and you would have a valid claim (unless there is a limiting provision in the contract) for all reallnably foreseeable damages proximately caused by the seller's breach of the contract. However, it is unlikely tha the seller will give you a refund until and unless you execute a release agreeing to that as a full settlement of your claims and releasing all others. You would then have a choice of accepting the settlement, or rejecting it and suing for more.
Answered on Oct 03rd, 2021 at 8:52 PM