Legal Question in Consumer Law in Florida

Dear sir, I gave a $200.00 dollar deposit for an order of river rocks to a landscaping company. The balance was to be made payable upon delivery. I had to change the delivery date 2 times because of the excessive rain that we had ( my backyard looked like a lake). When I then called to schedule the delivery date the landscaping owner started with a major attitude, treating me like I was an idiot and making distasfull comments to me. So now I do not want to have anything more to do with this company. I asked to have my 200.00 deposit refunded to me and his answer was ( my company has a no refund policy) come in and get merchandise for your 200.00. Can I go to small claims court and get back my deposit?

Please advise on the best way to deal with this person.

Thank you,

Martine


Asked on 9/17/09, 8:04 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Martine, you may go to small claims court. If you signed a paper saying the deposit is non-refundable, you probably won't get it back. If no writing, you have a pretty good chance. If he is offering to give you $200 worth of merchandise, you should probably take the merchandise and run. Hire someone else to install it. You can even hire someone else to go pick up the river rock.

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Answered on 9/17/09, 10:15 pm


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