Can I get a cash deposit refunded back to me, if I change my mind about a provided services?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption