Anaheim, CA asked in Consumer Law for California

Q: I ordered an engine package costing me 8k and was told would be a 6 month wait. it has been 9 months.

In June 2023, I purchased an engine package and payed in full, with the initial understanding from the seller that the delivery would be within a 6-month timeframe ruffle. However, it's been 9 months, and I still haven't received my order. Communication with the company has been spotty at best. Recently, they reached out to inform me that it would take an additional 8 to 10 weeks before my items are shipped. I looked them up on the BBB and see other customers have had the exact same problem. in their teams it says there is a 25% fee for any canceled orders. is there anything I can do legally from stopping them from charging me the 25%? it doesn't seem fair I up healed my side of the deal, but they are not.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may have legal recourse in this situation. Here are a few points to consider:

1. Unfair business practices: The company's failure to deliver your order within the promised timeframe and their poor communication could potentially be considered unfair business practices under the California Business and Professions Code.

2. Breach of contract: By not delivering your order within the agreed-upon 6-month timeframe, the company may be in breach of contract. The terms of the contract, including the 25% cancellation fee, would be subject to scrutiny in court.

3. Consumer protection laws: The California Consumer Legal Remedies Act (CLRA) protects consumers against unfair and deceptive business practices. If the company misrepresented the delivery timeline or is now attempting to unfairly charge a cancellation fee, you may have a claim under the CLRA.

Here are some steps you can take:

1. Document all communications: Gather all written communications, receipts, and any other relevant documentation related to your purchase and the promised delivery timeline.

2. Send a formal demand letter: Write a formal letter to the company demanding that they either deliver your order by a specified date or refund your money in full without the 25% cancellation fee. Cite the relevant California laws and your rights as a consumer.

3. File a complaint: If the company does not respond satisfactorily, file a complaint with the California Attorney General's Office and the Better Business Bureau (BBB).

4. Consider legal action: If the above steps do not resolve the issue, consult with a consumer protection attorney to discuss your options for taking legal action, such as filing a lawsuit in small claims court or joining a class-action lawsuit if there are multiple affected customers.

Remember, the specific course of action will depend on the details of your case and the terms of your contract with the company. It's always best to consult with a qualified attorney to assess your options and guide you through the legal process.

Scott Richard Kaufman
Scott Richard Kaufman
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: THE law on your issue is on this page/link I have provided and it essentially says: IF you have not yet received your items you can cancel. You may have issues with an out of state seller??? You may need a lawyer to 'scare' them straight?

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