Legal Question in Civil Litigation in Florida

Can I get a refund?

I was recently in the process of opening a restaurant. I obtained an estimate from a hood installer at which time he told me that a local restaurant supply company had a great hood for $3000. I gave him the money for the hood and he gave me a receipt from the hood company.

This was a few months ago. The thing is, we have decided not to open the restaurant. We were seeking a refund for the hood and the restaurant supply company told me that the hood guy picked up the hood. When I spoke to the hood guy, he said that the hood was at the restaurant company. This has been back and forth until today, the restaurant company told me that my hood was in their other warehouse and I can pick it up if I want it.

I told them I wanted a refund to which they stated that they were not sure if they could do that and their manager will not be in until next week. I have several concerns including the fact that I don't even believe that the hood that they are alleging is mine is in fact mine and I just want my money back since it was never picked up. Could I get a refund? Should I go to small claims court? I just don't know what to do at this point. I just know I need my money back.


Asked on 10/29/07, 6:11 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Can I get a refund?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

What were the terms of the sale? It is very possible that the sale was final and you are not entitled to a refund of your monies. You need to review your paperwork which will be controlling. A sale that is several months old usually cannot be canceled by the Buyer and then expect all monies to be returned.

Scott R. Jay, Esq.

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Answered on 10/30/07, 12:21 am


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