What can I do if a guy I’ve known for a while is supposed to be rebuilding an engine which he got 8 months ago but it’s still not done?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if a guy I’ve known for a while is supposed to be rebuilding an engine which he got 8 months ago but it’s still not done?
He claims that he has been busy and is getting it done but I haven’t seen any in person. It should take no longer than a month for this type of project. Anyway, I gave him $1000 for parts to start and I would pay the remaining balance when it was completed. So basically, I’m wondering if a contract can be written up stating the car info and what has to be done and within a certain time period? And if he doesn’t sign it then can I take him to small claims and get my money back and then some because of lost time and failed promises?
Asked on September 23, 2017 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, a contract can be written up with the details you state, and for future reference, you do so next time before giving anyone money--get the contract first, because the contract only binds them *after* they sign it.
That said, even without a formal written agreement (which is better to have, since it clarifies all the obligations and responsibilities and terms) there is *always* a contact--an agreement between you and the other person, pursuant to which you agreed to pay him and he agreed to rebuild an engine. If he violates the terms of that--i.e. he has taken your money and not rebuilt the engine for you--you can sue him. While the oral (unwritten) agreement did not specificy how long he'd have, if 8 months is too long (not knowing engines, I cannot offer an opinion on how long is too long, so use your own judgment), you can sue for breach of contract. If you believe he lied about what he could or would do, you can also sue based on fraud (on lying to you to get you to do business with him) and/or theft by deception (tricking you to get your money). For $1,000, suing in small claims court, as your own attorney or "pro se," is the best option.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.