QUESTION
What can be done if a business sell an item that is on order and then charge you more to pick it up after you paid for it?
Asked on May 08th, 2013 on Litigation - New York
More details to this question:
I purchased a case of 1000 rounds of shells back on 12/28/12 and paid for them in full. They just came in on 5/6/13 and when I went to pick them up they said I had to pay more for them because their price went up and my case was only 500. They said they would be happy to give me my money back of course. I do not want my money back. I want what I bought and paid for. Do I have a case and how do I go about it?
10 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
Legally, you have a case for breach of contract and can sue for a specific performance on the contract. Furthermore, if you prevail, you have a good chance of getting the other side compensate you for the costs of the litigation (court filing fees, your attorney's fees, etc.) Practically, however, it will cost you a lot of time and aggravation. And, if the court decides not to award you the costs, you might end up with a* very* expensive box of shells. So, yes, you can make them fill your order - on the original terms. You only have to decide whether it's worth the trouble. If you think that it is, look for a contract litigation attorney. A good one might be able to convince the seller to do the right thing, without going to court.
Answered on May 15th, 2013 at 7:05 AM
The contract was final when you agreed to the advertised offer by the shell manufacture. I do not know how much the increased charge for the other shells, but I assume it is not enough to justify hiring an attorney, even someone like me who only charges $150 per hour. You need to write them a demand letter pointing out it was them who stated originally what the price was and there was nothing saying they could increase it [and why did they send only 500 shells] and then sue in small claims court at the location where the agreement was entered into.
Answered on May 10th, 2013 at 10:56 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Sue them in small claims court.
Answered on May 10th, 2013 at 7:09 AM
Healthcare Law Attorney serving Sacramento, CA
at
Beach | Cowdrey | Owen, LLP
Update Your Profile
In California, if the amount of money in dispute is below $10,000.00, you can file a lawsuit in small claims court. You do not need to retain a lawyer. Under California law, if you have a purchase agreement, identified typically as a receipt showing the items you purchased, and the amount you paid or agreed to pay, you likely have a valid case for breach of the purchase agreement.
Answered on May 10th, 2013 at 6:47 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You probably have a contract case that ought to prevail IF, big IF, the agreement was to pay exactly what you paid and no more If there was anything open ended about the payment you lose. Speculators have driven up the price of all ammunition and the market for ammo is out of control be sure you know what you are doing. Small claims court jurisdiction is $5000. I assume you can deal with it there.
Answered on May 10th, 2013 at 6:35 AM
William A. Siebert
You can take the business to small claims court.
Answered on May 10th, 2013 at 6:19 AM
Ronald A. Steinberg
I guess you could sue to force them to fulfill the contract. The price of ammo is up due to the demand. Everyone thinks that the government is buying up every shell of every size to prevent school shootings. That is why everyone is stocking up. that is driving up the price. People are really dumb.
Answered on May 10th, 2013 at 6:15 AM
Personal Injury Attorney serving Roseville, CA
at
Penney & Associates Attorneys at Law
Update Your Profile
Please take me off the email list.
Answered on May 10th, 2013 at 5:04 AM
You may have a claim for what is known as specific performance or for damages to provide you what you contracted to purchase. It all turns on the terms and conditions of the purchase agreement and proof you have that you entered into a contract to purchase 1000 rounds for a set price. There is a law in Washington that attorneys fees can be recovered on claims of less than $10,000. You should probably hire an attorney to represent you on this if they do not respond to your comment to the shop owner that: "We had a contract for you to sell me 1000 rounds at the price of $
Answered on May 10th, 2013 at 4:55 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
I don't think so. They are in breach of contract, but your damages are the amount you paid, which is what they are offering you.
Answered on May 10th, 2013 at 4:25 AM