Saco, ME asked in Contracts for Maine

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 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

Related Topics:
1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: 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.

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.