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Deposit return

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Jim Burns

What is the name of your state? California

I put down $2000 deposit for a custom guitar to be built.
The luthier who was to build this guitar lives in Oklahoma.
I told him that I could not afford to have the guitar built and told him I needed my deposit back.
He said that he doesnt give back deposits back and states it on his website but he said in my case he would return my full deposit once he has built a guitar with the wood he was to build my custom guitar with and sold it.
He said he wants me to have my full deposit back but nly when he builds and sells the guitar. He said he was going to build the guitar and sell it immediately but as of one month he hasnt even started it. I have told him that since he has agreed to return my full deposit (I have the emails proving it) I dont think its right that he holds my deposit for as long as he wants.
There was never anything written and I admit I did not know of his policy of NO deposits returned just because he has it on his web site. I just want my deposit back and since he has said he would return it I dont think its right that he can just hold it for as long as he wants. How can I get my deposit and are there penalties if he keeps my deposit after agreeing to return it?

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