Legal Question in Mediation in California

breach of a contact

When I bought my car I paid $850 for the windows to be etched for security. They said it would only take 5 minutes and result in lower insurance. The car dealership never did the work. I contacted them and requested a refund since they never did the work that was in the contract. They said that I need to take the car to them and have the work done. This means that I have to take a day off work and drive a long distance to get it done. I want to get a refund instead of doing this. They are giving me the run around and are increasingly difficult to contact. The individual who I must deal with has never responded to my request. I know that he knows about it but won't contact me directly. I need some advice.


Asked on 3/26/08, 1:22 am

1 Answer from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: breach of a contact

You could make all sorts of high-falootin arguments about breach of contract and time for performance, but the bottom line is that the work hasn't been done, and you already paid for it. If you really don't want to take your car in to do it, then I would suggest you send a certified letter, attaching a copy of the contract and documentation of your payment, and demand refund of the $850 within x number of days. When phone calls get the run-around, a certified letter has to land on someone's desk.

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Answered on 3/26/08, 8:36 pm


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