QUESTION

I ordered a metal building for my property April 2021 with a delivery date of 8-6-2021.This date came and went with no building being delivered.

Asked on Mar 17th, 2022 on Breach of Contract - California
More details to this question:
Contacted the salesman and got no response,contacted another salesman that said the building would be here Oct. early November at the latest.No building was delivered and no response to emails or phone calls.Filled a complaint with the BBB and finally got a response,now they are telling me the building price went up another $4,600.00 and I would need to pay this to get the building.Had a signed agreement for this building and they dropped the ball and never ordered it and now has gone up.Can I take them to small claims court and get the $4,600 back since this was there mistake not mine.
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1 ANSWER

Consulting Attorney serving Sebastopol, CA
Partner at The Rowan Firm
1 Award
Yes, if you were required to pay the extra $4,600, you should be able to recover that in small claims based on the written contract you had for the lower price.  If you want to rescind the entire contract and claim they breached it, if the price you paid for the building is more than $10,000 you'll need to file suit in Superior Court.  I can help with that.  Please reach out to me at dan@therowanfirm.com should you wish to pursue such an action.  
Answered on Mar 18th, 2022 at 12:42 PM

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