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Layaway deposit refund

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tpantaleoni

Junior Member
What is the name of your state (only U.S. law)? Washington
My question is this: I am a merchant selling furniture. I allowed a customer to put money down on some items as a deposit. The agreement was that she would pay me the rest and take possession of the items(the items never left my possession). Now she wants to back out of the agreement and get all of her deposit back. Do I have to give her all of her deposit back? May I keep any of it as a "nuisance" charge? I am fearing the worst that I don't have any basis for keeping the deposit which leads me to this question - if I try to help out a customer by giving them a 6 month layaway plan, can they back out of the agreement at any time before they take possession of the item(s)?
Thanks,
Tom
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Washington
My question is this: I am a merchant selling furniture. I allowed a customer to put money down on some items as a deposit. The agreement was that she would pay me the rest and take possession of the items(the items never left my possession). Now she wants to back out of the agreement and get all of her deposit back. Do I have to give her all of her deposit back? May I keep any of it as a "nuisance" charge? I am fearing the worst that I don't have any basis for keeping the deposit which leads me to this question - if I try to help out a customer by giving them a 6 month layaway plan, can they back out of the agreement at any time before they take possession of the item(s)?
Thanks,
Tom
What does your written agreement say?

If you don't have a written agreement, then I suggest you refund the money.
 

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