Can I get a cash deposit refunded back to me, if I change my mind about a provided services?
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Can I get a cash deposit refunded back to me, if I change my mind about a provided services?
I originally paid a $300 cash deposit for services (to construct a custom bed canopy for $1200) with a fabric store. After 7 days, I decided I no longer wanted the bed canopy. The retailer is refusing to refund me back in full, although no work had been started, aside from an employee coming to our home to take measurements. Is it legal for the retailer to not refund my $300 back? We requested purchasing fabric with the deposit money instead, but the retailer has claimed that it cost $200 for the employee to take measurements.
Asked on September 11, 2011 under Business Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The retailer is absolutely correct in this situation. Your deposit on a custom built item is to serve one of two or both purposes is to hold this item for you and to pay for the time taken to measure and design. Since this is going to be custom built, it could not be sold on the open market easily and therefore even the measurements arguably are not common. So if it cost $200.00 for the employee to take measurements, try to bargain down to the $200.00 and ask for the rest to be in given to you as a gift card. In future purchases, you may wish to only give a minimal down payment deposit and inform the entity you will give monies as work is completed.
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