Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
We gave Factory Direct a down payment of $8,000.00 on July 11, 2013, for the installation of a deck to my above ground pool. We are in our early 60’s and retired so we decided not to get the deck. The salesman said we had 3 days to cancel. We called to cancel about 10 days later. Now the company asserts that we cannot get our money back because we did not cancel the service within the 3 day period. Can we get our down payment of $8,000 back from the company since we cancelled the service?
You may, or may not be able to get your deposit money back depending on the contract law of your state. First, did you sign a written agreement with the company pertaining to the rendering of service for the deck installation? If so, you need to review the cancellation terms and conditions within the agreement. The terms will likely explain how, or if you can receive your full deposit upon cancelling the service. You may be able to assert a claim for a refund of your deposit if there are no specified cancellation terms and conditions. However, the value of your deposit may be deducted by the amount of work that was performed.
You should contact a local contract attorney to review the terms of any signed written or verbal agreement with the company.
