Legal Question in Business Law in New York

Online vendor breach of contract

I recently made a purchase from a salvage company. I recieved an invoice for items to be purchased. I arranged payment through a wire transfer as requested by the salvage company. It has been two weeks now and I have yet to recieve any merchandise or explanation. I have called the company several times and have been placed on hold without speaking to anyone. What is my recourse for getting my payment refunded or the merchandise?


Asked on 9/02/03, 9:28 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Online vendor breach of contract

Send them a letter telling them that if they do not turn over the merchandise within X, you may exercise your right to either cancel the contract and/or "cover". "Cover" is where you go buy the product somewhere else. If you do, they will be liable not only to return your money, but for any extra money you have to pay. If that gets you nowhere, you will probably have to sue them. If they do business in Georgia, you may be able to sue them here in the magistrate's court, which is essentially small claims court. If they do not, you may have to sue them in NY or wherever they do business.

If you paid by credit card, you should immediately call and dispute the charge. This will give you a temporary credit reversing the charge while your credit card company investigates.

If you need assistance bringing a small claims action, you can contact me at [email protected].

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Answered on 9/02/03, 11:54 am


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