Legal Question in Consumer Law in Georgia

Down payment on a motorcycle.

My husband put a down payment on a bike at a store. The very next morning within 72 hours he changed his mind and called the store to get our money back. They said the down payment was non-refundable. We thought that you can cancel a contract within 72 hours and not be liable for the amount. We stopped payment on the check because they refused to return it. Now, they are threatening to take us to court and fine us. Do we lose the money or did we do the right thing? Should we send them the $200 plus a $25 canceled check fine?


Asked on 5/11/05, 11:09 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Down payment on a motorcycle.

Absent a store policy or a provision in your contract, there is no three day right to cancel a purchase except in very limited circumstances (door-to-door sales, health clubs) not relevant here. That seems to be something of an urban legend that unfortunately many people believe. I'd suggest working something out with them, as it probably was a mistake to stop payment on the check. Perhaps they will split the difference with you.

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Answered on 5/11/05, 11:41 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Down payment on a motorcycle.

The moment you paid the down payment, you were obligated. There is no cancellation period. In stopping payment, you became liable for the bad check fee as well, assuming they sent the proper notice.

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Answered on 5/11/05, 11:47 am


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