Q: Good evening my name is Gil I am purchasing a steel building from a steel company in Littleton Colorado.
When I first spoke with the salesman they told me to send the deposit right away to keep the price from going up. So I did send them $8,000 required by them. A few days later they sent me another statement had a $3,000 price increase. I told him I wanted to cancel and get my money back they said no you don't get to deposit back. The vice president called me up and split the difference $1,500 a piece. So I accepted. They sent me paperwork on picking delivery dates so on and so forth. So I did because we live in Maine I told them to deliver it sometime beginning of May. Now they send me back another email stating I must take delivery in February or I will pay extra fees for a later delivery date.now I was really upset and I said I need to cancel this order you keep going up on the price, sent me an email that you would not be going up with any price increases. Now they keep calling and saying if I don't pick February they're going to cancel it and I lose my deposit. What are my recourses
Your available rights and remedies will depend, first and foremost, on the terms of the contract between the steel company and you. Assuming the contract provides for an agreed delivery date in May, you will need to review the contract terms to see if the terms allow the steel company to change the delivery date to February without your agreement to the new delivery date and, if so, under what circumstances can that happen.
Ultimately, though, it sounds like if you do not agree to the February delivery date, then you will have to sue the steel company to get your deposit back. Whether you are ultimately entitled to get your deposit back will depend, first and foremost, on the terms of the contract between the steel company and you.
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