Nobody is calling a $225/hr lawyer for $500. He bought the game, and he agreed to the non-refundable deposit. VERY EASY? Yah, if the decision is so easy why don't you buy his game just so YOU can call a lawyer and have it out. That makes as much sense as what you are proposing this guy should do.
Besides, the game isn't really late. It was very obvious when the game was announced that it would take the remainder of the year to get all games built and delivered. I happen to believe that won't happen, but it's not October until tomorrow. They could get the game on the line December 1st and get them all shipped by Jan 1. January 1st, the game is late.
Quoted from Whysnow:The real equation is $500 to a pinsider once or $500 to a lawyer to possibly save MANY pinsiders $500.
VERY EASY choice.
There may even be some pinside lawyers willing to help out or direct the OP in the right direction?