Hypothetical here

If I put a $7,500 deposit down (via emai, on my credit card) on a $32k kit car back in late July and was told it would take 3-4 weeks upon arrival....... kit car arrived on 8/14/01. Nothing as of this day.

1 - do i have a contract, even though one was never presented or signed?

2 - did the business I placed my deposit with break the contract (if we had one) by not delivering my car in the 3-4 weeks that they stated several times in various emails?

Thanks - Hypothetical Scot.

 

1. verbal contract (those are jokes)

2. yes

but since you have no proof of a said delivery date it would be an uphill battle

my hypothetical answers

 

So basically you would say we didn't have a contract, and yes he did break the invisible contract by not getting my car done like he said several times in printable emails.

I even have the Westfield brochure which indicates 120 hours to assemble. I guess my guy is trying the 15 minutes a day for 400 days approach.

Scot

[QUOTE]Originally posted by JBoggs
[B]1. verbal contract (those are jokes)

2. yes

but since you have no proof of a said delivery date it would be an

 

[QUOTE]Originally posted by Scot
[B]I even have the Westfield brochure which indicates 120 hours to assemble.

 

[QUOTE]Originally posted by JBoggs
[B]1. verbal contract (those are jokes)

2. yes

but since you have no proof of a said delivery date it would be an

 

I do not have a contract (my stupidity... i trust people), but they definately charged my credit card. Verbally and emails stated 3-4 weeks for completion......4 months later, no car... I just want out at this point, as I do not trust them to complete the car in a proper manner.

I spoke to Chuck Beck who is in the same kind of business, and he just returns deposits and sells the car to the next person. The guy I am dealing with doesn't seem to know how or want to do that.?

Scot

[QUOTE]Originally posted by turbo_pwr
[B]

Sorry, not a laywer just trying to understand how is it a verbal contract if it's documented through emails?

 

Scot,
Dispute the charge with the CC company. They should be able to help.

 

I am not a lawyer but I do believe you have a verbal contract. However, there is probably no reason to sue because you would have to prove some sort of monetary loss. I don't think the courts accept "opportunity lost" costs as a valid cost either. At best, you may be able to get your deposit back but would have to pay for lawyers and court costs.

Kaptain Insano

 

[QUOTE]Originally posted by Kaptain Insano
[B]I am not a lawyer but I do believe you have a verbal contract.

 

Thank you for all the posts.... all i really want at this point is to get my deposit back and have them sell the car to the next guy. I was supposed to get a 10% discount, so they possibly can sell it for more $ anyway. Originally the idea was for me to sell these cars and this was my demo... obviously i cannot sell cars without a demo, and that has ended my plan to ever sell these cars...especially if no one can even semi-accurately tell me when my car would be done!

Thanks again- Scot