[dcdoug]

Originally Posted by JST4FUN

I don't believe I could just write this off and take the loss. If I read correctly, the shipment was insured which should at least pay for any work necessary to restore to original condition and then get the engine to you. If the builder sold YOUR engine, I believe that becomes a legal matter. Accepting any partial payment of a full refund may complicate matters. This is indeed a difficult situation. I would start by contacting the Attorney General's office of the state where the builder resides. I believe there are commerce laws that have been broken here based on what I have read in your posts.

It would certainly seem that one of the following should be true:

1) Your contract with the builder legally transfered ownership of the engine to you after you paid and he shipped it and your engine builder illegally sold your property to someone else (and in this case insurance should have paid to have it fixed, even by someone else, which would be my choice in this case)

or

2) Your contract with the engine builder didn't transfer ownership of the engine to you until delivery and he still owes you the engine you ordered

I would think a demand letter from an attorney would resolve this for you, especially when citing the laws that were broken and the resulting penalties.

Please also let us know who this was so we can all steer clear of him (and DCEL can pay him a visit )