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Posted By: Cobby33

Josh:
With all due respect, no cause of action would lie without proof of damages, at least in California. Yes, legally a contract was breached (there was an offer, acceptance and consideration). But, if you cannot show damage, you don't get past summary judgment and definitely don't prevail in small claims, unless the judge doesn't understand simple Contract law. Injuctiive relief is hardly an option, as a buyer would be hard-pressed to show irreparable harm. By analogy, suing for specific performance would also be futile.