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Payment for a product, but not received in 8 months

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Cashm3

Junior Member
What is the name of your state? CA

What is my recourse? :confused: I have in writing a sales order for a spa that I ordered in July 2006 from a dealer. Not more than a week into the sales order, the dealer was offering me a completely different spa (color, size, model) I refused the offer, stated I wanted what was on my sales order. In October 2006, still no spa delivered, I requested a refund of more than $8000.00. The dealer agreed within 45 days to refund by January 2007 in writing. I tried once more to have him deliver the spa again in February 2007. He promised he would deliver it. Now it is April 2007, I still have no product, or refund. Can I sue him, as well as his company? What is the name of your state? CA
 


clovett

Junior Member
Agressive response is the only way

What is the name of your state? CA

What is my recourse? :confused: I have in writing a sales order for a spa that I ordered in July 2006 from a dealer. Not more than a week into the sales order, the dealer was offering me a completely different spa (color, size, model) I refused the offer, stated I wanted what was on my sales order. In October 2006, still no spa delivered, I requested a refund of more than $8000.00. The dealer agreed within 45 days to refund by January 2007 in writing. I tried once more to have him deliver the spa again in February 2007. He promised he would deliver it. Now it is April 2007, I still have no product, or refund. Can I sue him, as well as his company? What is the name of your state? CA
It looks like the dealer is doing something like check kiting. Using Peter to pay Paul. Or maybe no one is getting value. By all means file in small claims court and try to attach assets against satisfaction of claim. If he is still trying to stay in business then it is the squeaky wheel that'll get the grease. If he goes bankrupt then you'll stand in line for a small portion of your loss as recompensation. If you can go by the showroom and there is something similar to what you want, take it count yourself lucky. Make sure to notify Better Business Assoc and any other relevant bodies to help stop this person of low moral character.
 

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