Legal Question in Business Law in California

Fraud

I ordered an expensive camera from a company who ended up sending me the wrong camera, lens, and flash that I ordered. The total gross of the products I ordered came to over $2000. They sent me cheaper flash, lens and camera and refuse to accept any returns. Is it legal for them to not accept my return and refuse to refund me. They wont send the correct products because they are ''out of stock''. My only option is to keep the less expensive products after I paid for the expensive ones. Or pay a $400 restocking fee and lose $600 of insurance. Last, I understand that in California it is illegal to charge for a product on backorder untill they send it out. I had my whole total charged and products were put on backorder. Please let me know what Legal rights I have if anyone knows anything. Thank You


Asked on 7/10/08, 4:45 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Fraud

Once you realize you're dealing with a corrupt vendor, you can bring a lawsuit in Small Claims Court for your purchase price. Show the judge your written evidence of discussions and requests for return/refund.

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Answered on 7/10/08, 5:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Fraud

I agree that the vendor here is corrupt. Maybe the shenanigans here rise to the level of fraud, but that is more difficult to prove. If you sue in Small Claims Court, be sure to include at least one claim for plain old breach of contract. Point out to the judge that the Uniform Commercial Code, which governs sales of goods, has a so-called "perfect tender rule" which means that the seller must deliver exactly what was ordered; the goods shipped must conform in every respect to the catalog, specification or sample, or they may be refused by the buyer, who is then entitled to a full refund (or to not pay in the first place) and may also be entitled to damages caused to the buyer in his business by being unable to use the non-conforming goods if the vendor can't replace them with the correct goods before the promised delivery date.

There are corollaries to the perfect tender rule requiring rejection of non-conforming goods upon delivery or at least promptly after the first reasonable opportunity to unpack and examine the shipment, but I assume you did that here.

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Answered on 7/11/08, 12:52 am


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