Legal Question in Consumer Law in California

Deposit Refund

Over 3 months ago a spa & Patio Store had a sale, they offered a package deal for a complete landscaping and pool, the salesperson asked me to complete a credit application, after 15 minutes he comes back and told me I have been approved for a $75,000 Dollars credit, and asked me to choose the patio furniture, spa and bbq I liked, and the pool salesperson was going was going to schedule the appointment to come to my house to take messurements to start building the pool, and to do the landscaping, so I proceeded to pick the items I wanted for my back yard, then the salesperson asked me for a deposit of $3,800 dollars, I asked him why they where requesting a deposit, he then called his manager, and the manager told me that once the loan was funded the deposit was going to to be refunded to me, after six weeks a lender denied me the loan, I asked the salesperson for my deposit back, he stated he was going to try with another lender, and again I was not approved, so after all this time I have been asking for my deposit refund, and first the salesman told me that I need to pay a restocking fee of 20%, then he told me they are going to keep my deposit so if in the future I cold get a loan they could apply it to my purchase. Please help.


Asked on 8/07/06, 11:11 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Deposit Refund

One of two possibilities here. Either 1) You conveniently forgot to mention the part about your signing a contract, that you never bothered to read, the terms of which are completely different from what the salesman told you verbally (and what the salesman told you verbally is worth nothing, the terms of the written contract are what count); or 2) You are entitled to go to small claims court for the entire amount of your deposit with no "20% restocking fee." All my experience as a lawyer screams out (1).

Read more
Answered on 8/08/06, 1:01 am


Related Questions & Answers

More Consumer Law questions and answers in California