Q: Am i legally bound by signing a contract w a dental office to pay for services that i never recieved?
I paid cash in full for 2 crowns, however the dentist ordered 2 different color crowns on my front teeth. After 3 months of having to wait for these crowns i decided to get them done by a different dentist. It took 6 days. The first dentist has declined to reimburse me the $3000 i paid in advance.
As a side note, the contract that i signed had many inflated charges on it as well as invalid dental codes.
Is a contract with fraudulent charges on it a valid contact?
A:
The Dentist had an obligation to provide two Crowns to you. If the crowns provided did not conform with the crowns called for in the "Agreement," like "Wrong color" and the Dentist did not/could not/ would not correct the problem ("Cure his breach") within a reasonable time, then the Dentist most likely breached the Agreement. You should be refunded the monies you paid for the non-conforming Crowns.
Your best bet is Small Claims court.
A:
In the area of dental practice it is a breach of contract by the dentist for failing to perform within a reasonable time - 3 months is certainly unreasonable and you are entitled to a refund and would likely prevail in small claims court. This is especially true because you had another dentist perform the work and no longer needed the original dental services.
Regarding inflated charges and incorrect dental codes you probably don't need to go there. You are only entitled to reimbursement of the money you paid. I don't think you want to embark on a civil lawsuit in Superior Court to try to prove fraud, punitive damages, etc. Go to small claims court and move on.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
