Legal Question in Business Law in Georgia

lay-away
Put a piano on lay-away at local music store. We did not have a written contract. Told I could pay on whatever I could and no hurry to pay lay-away off. Received a piano from mother, now no langer need piano. Asked store owner about either getting money back off layaway or the money I have applied on layaway put on or buy something else that is in the store. Told ''no''. States since they put the piano in storage and they could have sold it now they would be losing money. Either I have to continue paying or have the piano put back and lose money that has been out toward layaway. Piano have not been used. It is brand new and could be place back in the store to be sold. What are could or should I do? Don't want to lose money and not be compensated with anything.

Asked on 2/26/05, 12:33 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

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Re: lay-away

If the purchase price of the piano was $500.oo or more, than the sales contract would need to be in writing to be enforceable. So, you would have a claim for any money applied to the piano. However, since you partially paid, that could be an exception to the need for a written contract. Also, you might be liable for any storage costs or any other costs incurred due to the lay-away.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/27/05, 11:58 am

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