What to do if I bought a bedframe on layaway but when I finished paying was told that they no longer have the frame and won’t give me me a refund?

Asked on September 8, 2012 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the store (including potentially in small claims court, where you could act as your own attorney, saving on legal fees) to recover your money. A store or vendor is not allowed to keep your money without giving you the item you are purchasing; if they legitimately ran out of stock and simply could not furnish this item, they have to return your payments. They have, most charitably, breached the agreement between you and them by not furnishing the item they agreed  to and for which you paid; less charitably, they are committing a form of theft.


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.