Refund from moving company

UPDATED: Sep 30, 2022

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Refund from moving company

I contacted a moving company and made a deposit on 6/29
of 1,677.05, the pickup dates were set to 7/7 or 7/8, I
canceled the order on 7/1, they are refusing to refund my
deposit because of a 5 work day required notice before
cancel, I live in New Hamsphere

Asked on July 14, 2017 under Business Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no general right to refund of a deposit so long as the vendor (i.e. the moving company) did not breach their obligations; you are only entitled to get a refund if they are in violation of what they were supposed to do or if there was a cancellation clause in the contract allowing you to get a refund. But if there was a cancellation clause, you have to comply fully with it, so if it required 5 business days notice of cancellation and you provided less than that, they do not need to refund. The purpose of a deposit is to ensure that you *don't* back out of the contract/transaction at the last moment, by making sure that you lose money (the deposit) if you do, after all. So if the agreement required 5 days notice and you did not provide that, you are not entitled to a refund.

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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