Legal Question in Business Law in Oregon
WE own a small automotive repair business. The customer paid us 50% down. We did a complete overhaul on her transmission. We also ordered a new computer and we have been sent 4 bad computers. She does not want to wait for her car anymore so she is taking it. She wants us to pay her back the 50% down. We say we will take a loss on the remainder of her bill but we don't owe her the down payment back. We have put more money into her vehicle then she has paid us.
1 Answer from Attorneys
You can keep the 50%, but she can sue you, probably in small claims court, to get it back. Her claim would be breach of contract or unjust enrichment.
You would then need to prove that the service you provided either (1) cost you over that amount or (2) was worth over that amount to her.
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