Legal Question in Business Law in Minnesota
i want my mony back
On 6/8/03 I made a deposit of $150.00 on a piece of merchandise. The remaining balance was $382.50. I was to call the businss and arrange further payments. I do not have possesion of this merchandise, and since the date of my deposit I have not made any addtiional payments. On 9/18/03 I called the business to ask for a refund. I explained that I no longer wanted the merchandise and was not planning to make any further payments. The man told me he would put the merchandise back on the market and when it sold he would refund my money. He also told me he was doing me a favor because at the bottom of my reciept it states ''all sales final.'' I assured him he did not make a sale and was very firm about my request. He recently contacted me to tell me he would not refund my money, instead he would reduce the remaining balance by $82.50. Please tell me if I have a case. Thank you.
1 Answer from Attorneys
Re: i want my mony back
There are a lot of facts missing from your question, such as what kind of mechandise it was, and whether this was a consumer transaction or a business transaction. It could also make a difference if you had a previous relationship with this merchant, so that there was a history of your dealings in other transactions.
Having said that, I expect that if you sued this guy in conciliation court, you'd get your money back. The magic words to use are "unjust enrichment." The merchant got money for nothing and if allowed to keep the money, he is unjustly enriched. To keep the money the merchant would have to show that what you did cost him something, which I doubt.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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