What are my rights if 2 1/2 months ago I ordered new windows for my home and paid 1/2 down and still don’t have them?

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What are my rights if 2 1/2 months ago I ordered new windows for my home and paid 1/2 down and still don’t have them?

We were told 6-8 weeks for delivery. Within 3 days they had someone come to measure. We never heard anything since and assumed all was on track. After 8 weeks, we called the salesman 4 times with no call back. We then called the office and were told the windows were never ordered as there would be a problem with the installation and it would cost more than anticipated. When I asked for my deposit back they offered to renegotiate the contract with the extra cost of installation. I told them no, I may have been willing at the beginning but not after 8 weeks. After 10 days, I still don’t have my deposit back. Would like them to pay for another company to order from.

Asked on June 14, 2015 under General Practice, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue them for breach of contract (not providing what they agreed to provide and for which you placed a deposit) in order to recover your deposit; you are unlikely to be able to get them to pay for windows from someone else unless you can show due to the delay, you suffered some additional economic harm (e.g. windows went up sharply in price); normally, in cases like this, your recourse is to get your money back. If the amount falls under the maximum limit of local small claims court, you may be able to sue in small claims to save the cost of an attorney.


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