Can a local business keep all of the money paid if you can’t finish paying off an item

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Can a local business keep all of the money paid if you can’t finish paying off an item

Recently I had began a down payment system on a PC at a local business, sadly I
lost my job so I can no longer afford to keep funding this PC. I’m attempting to
return the PC for my funds and they told me ‘ the PC is not elligable for a cash
return but if you cant make the final payment then you can return the computer
without making the final payment do remember that the VR headset and PC are a
bundle soo both will need to be returned.’ I just would like to find out if
legally they can take all of the 1400 I’ve put towards the PC and take the PC.

Asked on October 29, 2018 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can keep all the money. You signed a contract to pay a certain amount for the computer: that makes you legally obligated to pay the full amount. If you fail to pay the full amount, you are in breach of contract: that breach means 1) you are not entitled to keep the computer, because you did not pay the contracted amount; and 2) the are allowed to keep all sums to date due to your breach. The problem is, your contractual obligation is not dependent on your ability to pay; therefore, failing to pay for any reason puts you in breach.


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