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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.