Legal Question in Real Estate Law in Maryland

Re: Lay Away at a store

Regarding the diamond, it depends on what the store policy is for special order merchandise. Even if you didn't sign anything, they probably have a posted policy or gave you information on their return policy before they ordered it. Usually there is a restocking fee or some sort of penalty because they are now obligated to purchase the item from their vendor. Another option is to go ahead and purchase it so that when you do find the perfect woman, you'll already have it. While it was purchased for someone else, I don't know anyone who would turn down a $27,000 diamond.

As for the decorations, you should take a more practical approach to these. If they are just items that sit around, I would let her have them. If they were added to the structure or caused damage to the structure (holes in the walls that you cannot cover, etc.), then I would suggest to her that if she really wants them, she should pay for the repairs to the house (such as patching and repainting). Come to an agreement, put it down in writing (listing exactly what she can take and what she will pay for in the way of repairs), and sign it (both of you should sign).

Good luck with everything.

Re: Lay Away at a store

Your right to cancel the sale and recover your money depends on the store's policy. If they told you it was a final sale, non-refundable transaction, you're probably stuck with the diamond. Some stores would allow you to cancel the transaction but charge you a "re-stocking" fee. In this case, it doesn't sound like the store has done anything to customize the item, but it does sound like it was a special order. Their willingness to cancel the transaction probably depends on whether they can recover their money or easily re-sell the diamond.

On your 2d question, the items she bought remain hers unless she gifted them to you.