Can I sue when a business sells me a product they no longer have.

UPDATED: Oct 1, 2022

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Can I sue when a business sells me a product they no longer have.

I recently purchased a new, french door, counter depth refrigerator. I was told they had 3 in the building, one a floor model, two in the back, and I could come pick it up anytime. Later that same night I received a phone call stating that he was incorrect, one had already been sold, and the other two were floor models. They are saying they cannot get me the same new refrigerator as that model has been discontinued. The floor models are used and have a scratch and I do not feel their offers to me for the used models are fair. Can I sue the company for this?

Asked on November 19, 2017 under Business Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can cancel the sale without penalty and get back any money or deposit you paid, for their breach of contract--them not selling you what they agreed to sell and you agreed to buy. But that's all you can back in a case like this: your compensation ("damages," as they law calls it) in a breach of contract case is limited to the actual loss you suffered or (as in this case) terminating the sale/agreement and getting your money back.

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 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.

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