Legal Question in Consumer Law in California

Internet Purchase Dispute on an truck engine

I recently purchased an engine from a company I found online. After several phone calls to the company ensuring that the motor would be a complete motor I signed their terms and conditions authorization. I was sure to also include what was guaranteed over the phone by the company on my fax cover sheet with the terms and agreement. When the engine came it was not what it was said it would be and I refused. I feel impartial to paying the shipping cost but obliged but I do not feel as though I should be obligated to pay the 25% restocking fee, due to false information. The company now tells me they do not honor any fabrications on the contract, which is my part that I included to be sure of what I was ordering. Where do I go from here, they also are talking about a storage fee now that I am supposed to assume. Please help!!!


Asked on 2/04/09, 4:30 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Internet Purchase Dispute on an truck engine

It is hard to advise you without seeing the documents and learning more about the details of this transaction. Generally, if you agreed to pay for X, and they failed to deliver X, you should not have to pay anything. Of course, that is very generic advice and it's applicability to your situation depends on a whole slew of possibilities.

In situations like this, what the law says is often less important that who has the money at this time. Hopefully you have not paid or - if you have paid - you paid by credit card and you can reverse the charges.

Good luck.

Read more
Answered on 2/04/09, 4:44 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Internet Purchase Dispute on an truck engine

It is hard to advise you without seeing the documents and learning more about the details of this transaction. Generally, if you agreed to pay for X, and they failed to deliver X, you should not have to pay anything. Of course, that is very generic advice and it's applicability to your situation depends on a whole slew of possibilities.

In situations like this, what the law says is often less important than who has the money at this time. Hopefully you have not paid or - if you have paid - you paid by credit card and you can reverse the charges.

Good luck.

Read more
Answered on 2/04/09, 4:45 pm


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