Can I pursue reimbursement in excess of the original purchase value for items that I bought which were not in the condition described?

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Can I pursue reimbursement in excess of the original purchase value for items that I bought which were not in the condition described?

I purchased some appliances from a factory outlet over the phone. When I went to pick them up they were not in the condition described and so I promptly canceled my order. The sales agent agreed to the refund and was to mail me a receipt of the refund. It is now 10 weeks from the purchase date and I have yet to receive my refund. What legal recourse do I have. Can I pursue reimbursement in excess of the original purchase value for the loss of principle (e.g. interest on my loss of funds)?

Asked on November 2, 2011 under General Practice, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you did not get what you had purchased, you may terminate the order and recover your money, just as you could seek to recover this amount if there was an agreement to reimburse you.

2) If the company does not voluntarily honor its obligatios under the above, you can sue them to recover your money. For smaller amounts, you would probably sue in small claims court, acting as your own attorney; for larger amounts, you'd need to sue in county court and should hire a lawyer.

3) After you get a judgment (i.e. after you sue and win), you can recover post-judgment interest if the judgment is not promptly paid. However, unless there had been an agreement that you could recover interest in the event of a breach of contract (i.e. not getting what you paid for), you cannot recover pre-judgment interest for the loss of interest on your funds.


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