What are my options regarding an order from a business that has not been delivered in 5 months?

I purchased furniture almost 5 months ago and I have yet to receive it. I have called and asked for updates, only to be told there was one delay after another. At this point, I want to cancel my order, but the store said they have a non-cancellation policy. I prepaid the order in full. What are my options at this point?

Asked on July 9, 2012 under Business Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A non-cancellation policy would prevent you from cancelling the order if they were fulfiling their obligation. It does not mean that they are allowed to keep your money without providing what you ordered. After a  five month delay, you should be able to cancel the order; if they will not allow you to do so, you could sue them to recover your money, including possibly suing in small claims court, where you could act as your own attorney. You  would sue for breach of contract and also breach of the "implied covenant of good faith and fair dealing," or the obligation that parties to a contract use reasonable efforts to treat fairly with each other.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.