What is the process of beginning a breach of contract lawsuit against an auto dealer in WA state
Silverdale, WA
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Posted about 1 year ago in Contracts / Agreements
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Breech of contract:
I purchased a product from an automotive business located out of state over a month and a half ago. I have had numerous conversations with the business regarding when I should recieve the item purchased. To this date I still have not recieved the item that I paid for and would like to know what my legal rights are regarding a law suit for breach of contract etc....
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Answers (1)Ronald Lee Burdge
This attorney is licensed in Kentucky and 1 other state.
Posted 4 months ago.
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It sounds like they breached the contract with you but in most states a breach all by itself is not enough. They routinely also require that you prove you were damaged by the breach too. In other words, how did it cost you money? If you paid for the product and didn't receive it, then what you paid is your damage amount. If the item now has to be bought somewhere else and it will cost you more, then the increase in the price is your damage amount under most state laws. As for how long does the auto business have to deliver what you ordered? If no time limit is stated at the outset, then they have what the law calls a "reasonable" time, and that can depend on many things such as supplier problems, manufacturing delays, etc.Some states, like Ohio, have a "failure to deliver" law that requries the merchant to notify you if they are unable to deliver the ordered merchandise within a stated time (Ohio's rule is 8 weeks) or give you the right to cancel the deal. The only way to tell what your state law says for your situation, is for you to talk to a consumer law attorney near you. Call your local attorney bar association and ask for a referral to a Consumer Law attorney, but act quickly because for every legal right you have, there is only a limited amount of time to file a claim or your rights expire.
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