Legal Question in Business Law in California

I have made a purchase and it has been sent to me twice. Twice it has been wrong. Know they want more money to fix problem. I have told them to refund my money. they refuse to refund me or fix problem without the extra money. what options do i have?


Asked on 6/23/11, 9:43 am

2 Answers from Attorneys

Shawn Jackson The Jackson Law Firm, P.C.

Well, as you might imagine, it depends upon the nature of the deficiency in the purchase, which I assume is a product. If the product has a problem with the "intended benefits" that derive from such a purchase, that would be one set of options. If the product basically provided what was intended, then the refund and/or extra cost would be another issue. So, we would need to hear more facts.

By Grace...

Shawn Jackson ESQ. (707) 584-4529

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Answered on 6/23/11, 10:25 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The Commercial Code contains a "perfect tender rule" which means that goods shipped must conform to the catalog, sample, or contract description, or the buyer may refuse them. The rejection must be done promptly, or the right may be lost. The seller may have a defense based on facts not given, but if you ordered pink, and the first shipment was white and the replacement shipment was red, you'd be entitled to reject both.

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Answered on 6/26/11, 2:19 pm


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