Legal Question in Consumer Law in Washington

contract question

I recently purchased a custom built product.

Its value was less than 1k.

When I ordered the product I was informed it would be completed and shipped in 8 to 10 weeks, and I would be billed(automatically to my debit card) at that time. No provisions were made for any time frame other than 8 to 10 weeks in the agreement.

The product was finished in only 4 weeks, and I was billed for it at that time with no notification by the builder that my product was finished sooner than promised.

As a result of being billed sooner than I expected I incurred 3 overdraft charges to my bank acct.

I contend the builder reneged on the contract by shipping and billing sooner than was stated - 4 weeks instead of 8 to 10 weeks - and not contacting me in advance to confirm what I feel was a change in the terms of the contract.

Is my contention in this matter correct?

Under normal circumstances I would be thrilled to get my product sooner than expected.

I just wish I had been made aware of the situation so I could of ensured adequate funds were available to pay for it.

As it stands now this process cost me an extra 75 dollars in OD fees and 3 marks on my credit score.

Do I have a case for small claims court to recover my damages?


Asked on 8/17/07, 10:11 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: contract question

I can't tell from your post whether this is in WA or ID. I can't comment on ID law, I am not licensed there.

When you gave them your bank account information, you essentially said, "take what you want when you want it" unless you specifically told them not to take it before a date certain.

That it was sooner than anticipated and thus you were short is unfortunate, but I don't think the basis for a lawsuit.

Another attorney might disagree with me, but I don't see that they did anything wrong, and I don't see that they are responsible for your overdraft. They didn't cause the overdraft, you had too much outstanding and your other debits aren't their fault.

But that's just my two cents.

Elizabeth Powell

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Answered on 8/18/07, 12:34 am


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