DEPOSIT NOT RETURNED

[Matlin]

Sorry, first time using site and forgot to include that I live in California.

A few months ago I put a deposit on a sofa in a furniture store. The sofa was not special ordered but was on the floor.

I later decided that I did not want the sofa. When I told the merchant this, she refused to return my deposit. I was told that the store had a no refund policy and they refused to give me my money back only a store credit.
At no time was I told of this policy, neither did I sign any contract which stated such. I went to the store on three occasions for paperwork which they said they had. Each time I went they could not find it. As of this day, I have never seen this so called paperwork.

I have bought furniture from reputable furniture stores and have always received an invoice which states the terms and conditions of the sale and a place for a signature which says that I aknowledge and I understand the terms.

I filed a dispute with my bank but they reversed the provisional credit that they gave me because the store gave me a store credit. I was told by my bank to resolve it with the merchant myself.

After the way I have been treated, I would not even consider doing any business with this store again.

Do I have a case for small claims court or am I out a bundle of money?

Sorry my message is so long.

I was told that my money would not be refunded to me because the sofa could have been sold to someone else and my deposit held it (it has been sold since then).

 

[JETX]

Generally the courts (and especially in California) frown on a merchant 'double-dipping' an account, basically keeping both a deposit and the subsequent sale of the item.

First, a little detective work. Call the salesman. Tell him you want the deposit. If they refuse, tell them you have reconsidered and that you might want the furniture after all. When he/she tells you it has already been sold, ask 'for how much?'. That is the main thing you are trying to find out... how much did the store get for the RESALE of your cancelled furniture. Write the date, amount and salesmans name.

Was the actual sales price less or more than your agreed sales price???? If less, then the store could claim the difference as your loss for cancelling the order and could be valid in claiming that amount from your deposit.

Also, visit the store and see if there are any 'no refund' signs (not required, but they might claim, "signs all over".)

Then, write the store owner a letter. Explain your problem, and that you expect a refund. Tell them that you were not notified that the deposit would not be refunded, that you know the item was later sold at $_____ , tell them that you expect the difference (if any) from your price and the final sale price, after deduction. If they refuse or ignore, then your option is to consider small claims action.

Also, you can contact the local BBB, local consumer media, etc. Might even contact the Atty General regarding their lack of paperwork, possible fraud, etc.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!