Legal Question in Consumer Law in California
Taking merchant to small claims court
We paid for a slab of granite which the merchant failed to pick up and it was resold. The merchant refuses to refund our money stating we can pick out ''something else.'' As he failed to pick up. cut and deliver the particular piece we wanted, can he be taken to Small Claims Court for failure to deliver paid for goods?
Asked on 11/02/07, 6:30 pm
1 Answer from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Re: Taking merchant to small claims court
Yes. Uniform Commercial Code (Cal. Commercial Code) Section 2-601 provides that the goods must exactly conform to what was contracted for. This is also known as the Perfect Tender Rule.
Answered on 11/02/07, 6:43 pm
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