Legal Question in Consumer Law in California

Ordered a new golf cart. Was told I would have it in 2 1/2 weeks. Now over a month, still no cart, they keep giving me the run around. The sales contract does not have delivery date on it. I had to give them $6500 with $3359 still owing. Do I have any legal right to get my deposit back?


Asked on 6/26/16, 8:22 am

1 Answer from Attorneys

When no time of performance is stated in a contract, there is an implied term that performance will be in a "reasonable time,' under the circumstances of the contract. It also depends on whether the delay is due to some unavoidable event that the parties knew might happen, or something that is the fault of the party that fails to perform. In short, whether this delay is a breach of the contract, entitling you to cancel and rescind it, or a reasonable delay under all the facts and circumstances. There is no way to make that determination via an internet Q&A. If you truly believe that the delay is sufficient, you would put them on notice that you are rescinding the contract and demand return of your payment. If they refuse, you would sue them in small claims court.

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Answered on 6/26/16, 10:27 am


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