Consumer Law, Warranties Fail to deliver product after payment and verbal contract.

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Matrixo

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1. I have a client that needed some software developed.

2. I entered into a verbal contract with a software developer who is a published author which has written a very recent very well known programming book.

3. He even wrote a proposal to present to the client to convince them to do the project which I presented to the client.

4. The client paid me a portion of the development fee up front and I in turn paid the entire monies I recieved to this developer up front to complete the project by personal check.

5. He cashed the check.

6. He did not send me back a signed copy of the agreement /contract which I asked for.

7. He has since failed to produce the software or provide any sort of deliverable in the timeframe we agreed to.

8. When I call quite a few times to his cell phone or email him asking when and if he is ever going to deliver the product, he asks me for some minor information which I've already given him months before.

What can I do?

1. I am not in the same state as the programmer.
2. I don't have much money and will have to use the christmas money I've been saving to repay the client and then some.
3. The ammount paid to him up front was $2,500.
4. I have all MSN message logs and email correspondence which clearly show all planning, timeframe and even a verbal confirmation through MSN logs that he recieved the check.

He has since stopped taking my calls and does not respond to email. I can call him at his work but I feel that is unprofessional.

What can I do?
Thanks for any assistance.
 
This is a very difficult case and the reason why you should probably handle outsourcing agreements in installments. How did you pay the programmer? What you probably want to do first is send the programmer a demand letter for the money back and the reasons for the request, to be sent back to you by a certain date (e.g. 2 weeks) and sent via certified return receipt mail. On the surface, your remedy is in taking him to small claims court in the county where he is located unfortunately. Regarding the agreement, it's something to bring to court (or to send to a credit card company after making a claim of fraud.) Best of luck to you and sorry to hear about what happened.
 
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