Asked in Contracts and Consumer Law for California

Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the seller must deliver the goods to the buyer as agreed upon in the contract. If the seller fails to do so, they have breached the contract, and the buyer has the right to take legal action.

To sue the company, you would typically file a complaint in the appropriate California court (either small claims court or a higher court, depending on the amount of damages you are seeking). You would need to provide evidence of the transaction, such as receipts, order confirmations, and any correspondence with the seller.

Before filing a lawsuit, you may want to try the following:

1. Contact the company and attempt to resolve the issue directly.

2. If the company is unresponsive or unwilling to resolve the matter, you can file a complaint with the California Attorney General's Office or the Federal Trade Commission (FTC).

3. Consider alternative dispute resolution methods, such as mediation or arbitration, which may be faster and less expensive than a lawsuit.

If these methods do not work, you can proceed with filing a lawsuit. It is advisable to consult with an attorney specializing in consumer protection or contract law to assess your case and guide you through the legal process.

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