Is it legal for a business owner to choose not to return money owed to for a product that was paid for but not installed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a business owner to choose not to return money owed to for a product that was paid for but not installed?
An auto business owes me money for repairs not done and for a product I paid for which was not installed. I’ve found the he’s violated several laws and I can sue him in small claims court. By law, he must refund the $1200 for the product I did not receive and technically, he owes me much more than this for other faulty work and false advertising. Today, he threatened me on the phone, stating he would not refund my $1200 unless I send him an e-mail saying I won’t sue him for the other matters in dispute. Is he allowed to do this?
Asked on June 19, 2012 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If a seller or vendor does not provide products purchased or services paid for, they may not keep the payments for said products or services, and must repay them.
Anyone may offer to settle claims against them by offering to pay some of the claims but not others, or by offering to pay some claims in exchange for a release from liability for other claims. It is legal to make this offer--but you do not need to accept it. You are free to turn down the offer and sue him for any/everything you believe he owes you. Bear in mind that lawsuits do cost time and money, and are never certain: it is often worthwhile to give up some claims in exchange for getting immediate, certain payment without having to go through litigation.
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.