Legal Question in Consumer Law in Oregon

I build custom furniture and I agreed to build a piece for some people. However due to circumstances beyond my control I was unable to deliver when I said I wouuld. They wan there money back. Well Tha is what I used to build the piece. Of which I used every penny and then some. what happens if I keep the bed and send them payments. It took everything I had. I under bid it then had some issues wih a partner and a few other things. Real nightmaqre job. The piece is finished but too late for there liking.

Asked on 2/15/14, 9:20 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Was the deadline for delivery in writing? If not, you might have a shot at avoiding keeping the money. After all, you did not know that the mentioned date for delivery was of such crucial importance to them.

You have the money. They will have to sue you to get it back, probably in small claims court. You will tell the court that you have offered to deliver the piece to them since whenever it was ready, while they have refused delivery. They will have to prove that the delivery date was a crucial term of your agreement.

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Answered on 2/16/14, 2:09 am

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