Legal Question in Consumer Law in Idaho

Breach of Contract

Placed an order with a horse trailer dealer in the state of Idaho, May 2001. I reside in Washington. Deposit of 1K dollars was made. Trailer was delievered to dealer on June 28,2001, but not to specifications of written and signed order between myself and dealer. Title to trailer was refused and returned to manufacturer. Since June 28th, correspondence has been written to the dealer and manufacturer seeking re-manufacture of a trailer to the original trailer specifications.

A return of deposit has been suggested by the CEO of the manufacturing firm. Dealer has not complied and I am not willing to accept the deposit return. Desire is to obtain the trailer per original order, however, cost of manufacture of same has increased approximately 800 dollars since June time frame, which dealer would like to pass on to me.

Being I live in Washington, what are my rights under Idaho Law to force manufacture of a new trailer to the original order specifications? I do not want to pay the increase in production costs for the dealers mistake. Believe the original May 2001 order was not clear to the manufacturer relating to my requests. I paid extra for an engineering fee to have the trailer built the way I intended.


Asked on 9/05/01, 3:06 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Breach of Contract

There are numerous things you can do under contract law

and maybe some things you can do under Idaho consumer protection

law, all dependent on the facts underlying the transaction.

For example, if the dealer made false representations to you

and you relied on these representations, you can pursue a claim

under consumer protection.

Under contract law, you might have claims as well, including

but not limited to: filing an action to enforce the contract, called an

action for specific performance, which sounds like what you want

to do in your question. However, I can't give you any advise until I read

the contact since the contract governs your rights and the duties

of the dealer and manufacturer.

I charge $120/hour for the services rendered and I require at

least a $1000 retainer for anyone outside the state of Idaho. My telephone

number is (208) 345-3817 if you'd like to call.

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Answered on 10/26/01, 4:04 pm


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