Legal Question in Business Law in California

Customer Quote Right To Sue

I own an event and party rental company and I submitted a quote to a client that now has a problem with the price and it's 1 week prioir to event. She has not reserved the equipment and is telling me that if I don't meet her price she will sue me in court. She's a litagator and using this to intimidate us. I have told her that she does not have a reservation with us just a quote. And that the quote does not bind us to the event until she signs the quote and at that point she reserve it with us. Then we consider this a contract. She has not signed has not paid us. So I'm not sure what recourse she has considering she has not done anything to secure this event. I hope this makes sense I just confused.


Asked on 7/25/08, 2:06 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Customer Quote Right To Sue

Your quote/acceptance policy is probably fine. Tell her to take a hike if she didn't place an order. Don't give in to extortion, if that's what she is doing. If you are sued, defend it with the truth. For the future, if you think your documents and procedures are not clear, have your documentation reviewed by a contracts type attorney to make sure your are on sound ground.

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Answered on 7/25/08, 3:11 pm
Timothy J. Walton Internet Attorney

Re: Customer Quote Right To Sue

The way you put it sounds like she is merely trying to intimidate you into a better deal. Not a great negotiation tactic, if you ask me, but it will work if you give in.

Maybe you could ask her the basis for her belief that she has a cause of action? If she can spout some legalese with authority, maybe you can frame a better question for us here.

In the meantime, If you want to talk on the phone, feel free to call me.

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Answered on 7/26/08, 7:31 pm


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