If a sales representative set up a payment arrangement on a wedding dress but did not get it approved through the manager, can the down payment be recovered?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a sales representative set up a payment arrangement on a wedding dress but did not get it approved through the manager, can the down payment be recovered?

My mother put $800 down on my brother’s fiancee’s wedding dress, the 2 flower girls’ dresses, and the 2 mother’s dresses. Additional 2 payments of $200 a piece were made with a remainder of $467. IHowever, the sales lady did not get the payment arrangement approved through the general manager and now the down payment is not refundable. The dresses are put up for sale and the only action taken by the store is that the sales lady was terminated.

Asked on November 10, 2011 under General Practice, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The deposit is absolutely refundable: a store, or indeed any party to a sale, service, or transaction, may not keep a deposit or other payment while also not providing the goods or services. The fact that the sales representative may not have had the proper approval or authority is irrelevant--that is between her and her employer. The store has only two choices: refund the deposit, or provide the goods.

If the store will not, you may sue it, including possibly in small claims court (representing yourself, so need for lawyer's fees). In many states, like NJ, you may even be able  to receive additional damages or compensation, but suing under a consumer fraud act (in NJ, the Consumer Fraud Act, or CFA).


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