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Can I sue a seller for breach of contract for money paid thus far?

San Diego, CA |

Seller breached contract terms and is trying to void the contract in their favor. They have voided contracts illegally in the past and no one has pursued them in court. The seller's intent is to pocket the money paid thus far, and start another identical one in hopes of ongoing income for one item. Contract falls under Civil Code, not UCC.

Can I sue in small claims court for the money paid?

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Attorney answers 3


Yes you can sue. Whether or not you have a case is not clear from your facts. You appear to have a confusing and complicated situation. Your best bet is to retain an attorney, but if there is not enough money involved, small claims court is an option.

James Frederick

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Maybe. More facts are needed.


You should strongly consider sitting down with an attorney and discussing the facts surrounding your situation. An attorney who handles contract disputes should be able to help you determine whether there is recourse. It sounds like your situation may have some complicated facts that need to be parsed out more methodically.

THIS IS NOT LEGAL ADVICE. INFORMATIONAL PURPOSES ONLY. Legal matters are like thumbprints, no two are identical. Therefore, you should discuss your question with your own attorney or if you do not have an attorney, strongly consider hiring one. The information in this posting is for general information purposes only. No part of this posting should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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