Legal Question in Civil Litigation in California
Contracted Washing Machine Company Will Not Fix Units
I have an 9 unit apartment complex. The company I contracted to supply washing machine units for the laundry room have been called several times in the past few months to fix them (not draining properly, not drying etc) but the problems persist.
My tenants, tired of complaining to me and the washing machine company, virtually no longer utilize the laundry room.
I am spending money out my pocket to keep the water heater in service for these machines, and the Company claims I am in a contract with them until 2010.
Question: Can I break this contract because they will not fix the machines ?
Side note: This same company services another but smaller complex; the money produced from these machines is almost 4 times more than the former.
3 Answers from Attorneys
Re: Contracted Washing Machine Company Will Not Fix Units
How much are you paying per contract? I would have an attorney send him a letter telling him that the machines were not repaired properly, and that he must either repair them properly, or else you will have to go to someone else, and deduct the cost from his money due under the contract. This way you look like the good guy in giving him an option, and at the same time you show him you have an attorney. If he does not comply, you get an expert to look at the machines and confirm that they were not handled/repaired properly and have him put it in a clear written report. Then,based on the report, I may send a copy to him. the, pay to repair your machines, and deduct from his contract. If it is more than his contract is worth, demand the difference. I am not sure what your last sentence means. Keep my contact info and let me know if you need an attorney to handle this, or anything else.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
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Re: Contracted Washing Machine Company Will Not Fix Units
These contracts are usually a problem. Yes, you can cancel, and maybe seek refund, but get some legal advice and review of the contracts before making any decisions. Feel free to contact me if serious about doing so.
Re: Contracted Washing Machine Company Will Not Fix Units
From what you have told me it appears that they are in breach of contract, which means that you would no longer be bound to contract.
However, I would need to review the contract and would have follow-up questions before giving you advice.
Feel free to contact me by email.
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