Legal Question in Consumer Law in Maryland

Cash Refund for materials not delivered as specified, store policy store credit

Can I get a cash refund from a store that has a sign posted no cash refunds if: I purchased 2 yards of mulch and paid for it and a delivery fee with cash and specified that I did not want it, if it could not be delivered by 10:30 a.m. the following day. Receipt indicates ''by 10;30 a.m. Deadline.

On the following day company truck broke down, they could not deliver mulch as specified. Store refused to give me cash refund said store policy which is posted at register states store credit, no refunds.


Asked on 4/30/01, 6:59 am

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Cash Refund for materials not delivered as specified, store policy store cre

Of course, the store SHOULD willingly give you the refund if they couldn't deliver as promised. I would talk to the owner, manager, district manager, or someone higher up to get reaction. Otherwise, it's probably a straightforward breach of contract case and you can file suit in the district court to get your money. I would need more facts to evaluate the impact of the sign on the contract, but failing any reference to no cash refunds in your written sales receipt, you probably have the better part of the argument.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 6/24/01, 1:37 pm


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