breach of contract can you sue and get your deposit back?

Question

We were induced into a fraudlent contract based on false advertising. We had product changed from the original contract. I am not going to get an attorney since it is under the Small Claims Court limits. The product was defective as well. Can I get my original deposit back based on breach of contract? Not sure what the legal terminology is to get deposit back. Please help !

The product was for 900 series windows and 40% of the windows were changed to a 600 series windows. I was told that a couple would need to be downgraded over the phone but later to be found they could all be made in 900 series (another lie). Shouldn't there have been an adendum (sp) to the contract signed by both of us? Now I have a different product then originally contracted for and was induced into the contract?

The contract is as basic as you can get it simply states
14 900 series windows
The fraud is he said he had his own licensed crews on his advertising and it they were actually a completely different company. He is not licensed.

Answer 1

yup, as long as you have an original copy of the contract that states you were given the wrong window, and you will need pictures of the defective windows

Answer 2

Legitimate false advertising claims are rare. Normally, advertising is seen as an invitation to bargain. Don't go into Small Claims Court screeching about false advertising.

Are you sure the contract was fraudulent. 99% of the time, courts will look at the terms of the contract to determine whether its elements were properly performed and satisfied.

Basically, you need to tell the judge that you didn't get what you bargained for. If you signed the contract, but did not read it, and you got what the contract expressed, your burden intensifies. As luck would have it, there is a doctrine in contract law that "the terms of the contract are construed in favor of the non-drafting party." So, if the seller used a boilerplate contract that is used for every buyer who walks in the door, you have a little more advantage.

My advice is start by reading the contract itself.

Answer 3

Any time you enter into a contract due to a fraudulent representation entitles you to EQUITABLE RESCISSION. Be specific that this is what you are seeking. You must be able to prove the fraud. For that you need to prove reasonable reliance upon a misrepresentation that was intentionally not true and was calculated to make you enter into the contract.

If you think you have evidence or testimony to show this, you will get your money ordered back.

Go get 'em!

Answer 4

Go back to basics. Just remember the 4 elements of a contract and prove that there was fraud.

Offer
Acceptance
Consideration
Intention to create legal relations

Answer 5

it truly is searching undesirable for you -- how undesirable relies upon on the state you've been in, and the time very last on the employ you broke. If that state change into Florida, landlord has 0 criminal responsibility to mitigate his loss and would come once you for the entire quantity you would have had to pay had you stuck round. elsewhere, he will be required to teach that he made a sturdy faith attempt to come across a alternative tenant. If he can do this, you may want to correctly be on the hook for the entire quantity. If he won't be able to do this, the choose will likely in straight forward words carry you answerable for a million-3/mo employ. As for damages -- do you've images documenting the project of the belongings once you moved in, and the project of the belongings once you moved out? once you've a digital cam and take a large style of images around the abode, rifle with the help of your sequence -- if there are pictures containing respectable perspectives of rooms, print them out [with the date information on them]. Do you've a replica of bypass-in/bypass-out stroll-with the help of comments? likely no longer. until eventually the owner can grant major evidence that you damaged the belongings, this is going to be a case of your note adversarial to his, and the choose might want to might want to opt for who's the better credible among you. What you want to do is contact a tenant's advocacy employer on your previous state. they are going to be able to grant worry-free criminal suggestion, and perchance refer you to an lawyer who's conscious his stuff [and can want to artwork at decreased price, or fee on a sliding scale], if that is needed. As someone said above, the SOL *might want to* have expired. I doubt it, yet having stated that, I truly do no longer recognize which state this transformation into in. i'm also happening the concept '2.5' years change right into a typo.

Answer 6

if you'd end up paying more for an attorney than you would get back, better write it up as a loss.

unless you paid by credit card, then you can call your card company and dispute the charge - they should cancel it and investigate the fraud.

Answer 7

If you have the original contract with you don't give t up, you will need it to proof you point.

Answer 8

you can as long as you have proof of false advertising and defectiveness in the product...

Answer 9

YES FOR SURE