What to do if I had a layaway for furniture and I paid it off ut when I went to pick the furniture up they didn’t have all my pieces?

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What to do if I had a layaway for furniture and I paid it off ut when I went to pick the furniture up they didn’t have all my pieces?

First they said it would be 2-3 days and when I called them they said now they don’t know when it will be and they were very rude. I’m getting worried. What are my rights since I have paid for these items? I paid cash but I do have the reciepts.

Asked on October 17, 2012 under General Practice, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you paid for the items pursuant to a layaway plan or sale agreement, you are contractually entitled to them. You could sue the seller 1) to recover the money paid for that part of the order you did not receive, due to their breach; 2) potentially to rescind the entire agreement if you wanted (return all furniture, get all money back); and/or possibly 3) for additional damages, if you can show that they had an intent to defraud you. One option is to sue in small claims court, where you can act as your own attorney.


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