Legal Question in Consumer Law in California
Bought an used refrigerator at an used appliance store on Saturday. Delivery was scheduled for next Monday afternoon. I returned to the store 30 minutes later to cancel delivery & sale because I felt the frig was too old. Saleperson said sale was final, too hard for them cancel credit card payment & can't cancel delivery. I told them I can dispute the sale since delivery wasn't until Monday. Can I cancel this sale since I haven't taken the good? After getting home, I called them leaving the message not to deliver the frig on Monday. What are my legal right's concerning this sale?
2 Answers from Attorneys
There is no automatic right to cancel this transaction just because you have buyer's remorse. You entered into a contract and now you are trying to breach the contract. Without having the ability to reach the contract, there is no way an attorney can give an informed opinion. The salesperson could very well be telling the truth when you were informed that the sale was final. However, you haven't provided enough information to determine if that was true.
Unless there was some agreement that you could cancel before delivery, the salesperson is exactly right - you have a completed sale that obligates them to deliver the unit and you to accept it.
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