Is it legal for a vendor to first require a 50 deposit for a product that is being built/refurbished then, require the 50 balance PRIOR to delivery of the item?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a vendor to first require a 50 deposit for a product that is being built/refurbished then, require the 50 balance PRIOR to delivery of the item?
My small business paid a 50 deposit to a vendor to refurbish a machine that we
want to purchase but, the vendor is demanding full payment before the machine is
delivered for us to inspect and to make sure that it is fully operational. The
vendor did not have anything in writing where we agreed to making the final
payment prior to receiving the machine.
Asked on April 10, 2019 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They cannot change the terms of the agreement (whether a written or unwritten/oral agreement), so if there was no requirement for payment in full prior to delivery, they cannot require it now. That said, if they refuse to provide the product without payment, the only way to force them to do so would be to sue them and get a court order for its release/delivery. You need to decide whether it is better to sue now, or else pay and then sue (e.g. for breach of contract: not providing what they agreed to provide, which is a refurbished and working machine) later if need be.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.