Legal Question in Business Law in California

Re: How do I et my money back ???

If I had 14 days to change my mind after signing a contract, I would buy a big motorhome, take a 13 day trip around California, then return it to the dealer, having changed my mind.

If you think you were defrauded, your only option is a messy court battle.

Re: How do I et my money back ???

There is no general law in Califonria that gives you 14 days to back out of a contract. In some cases, the law may give a 3-day period to rescind the contract. I am unaware of any such statute governing private boat sales.

You claim that the buy gave you false information, but you did not specify what was false or how it was important to the transaction. Short of going to court, you don't have much leverage. If the amount of the deposit is less than $5000, you can try small claims court. Other than that, you can have an attorney review the contract and send the seller a demand letter or try to negotiate a settlement before filing a lawsuit.

Re: How do I et my money back ???

California Civil Code section 1689 subd. (b) allows a party to rescind a contract if: "consent "was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party."

It depends what you mean by fraud. For instance, if the boat was not seaworthy, it depends what the contract says about your inspection of the boat and whether the sale was as-is. If the other party could not deliver the boat, then there is failure of consideration and you should get your money back. Also, an attorney should analyze the written agreement to see what it says about the disposition of the deposit. Good luck to you.

Re: How do I et my money back ???

both of the above attorneys are ssssooooo correct -- it seem everyone who wants to get out of a contract "knows" about the 3 day rule which is very limiting and no where your situation --- you did not day the contract was in writing until the tag line at the end --- what you need is up front in your face attorney advice after he/she reads all of the documents and sees what the contract says, how much is involved and most importantly the "fraud" supposedly committed -- fine a good business attorney yesterday and make your appointment