Legal Question in Consumer Law in Texas

Deceptive Trade Practices

Retailer expressly warranted that goods for sale of equal or better quality than that of competition. Upon discovery by buyer same day of invoice that express warranty invalid, buyer called to reverse the transaction before delivery of goods to buyer's home. Seller initial agreed to cancel the sale given a 25% restocking fee previously undisclosed to buyer. Buyer objected to each the restocking fee as it was not disclosed at the point of sale. Retailer in turn refused to cancel the sale, arguing that ''All Sales Final, No Refunds'' is printed on invoice above signature. Buyer's claim is that the sale was not final because the goods had not been delivered. Seller stood his ground. Buyer, in a vulnerable position because seller has all of his money, decides to accept delivery of the goods to avoid the 25% restocking fee and on the prayer that quality satisfies express warranty (i.e. Buyer In turn, buyer induced into following through with delivery so as to avoid losing 25% of full invoice amount.

1 Answer from Attorneys

Related Questions & Answers

More Consumer Law questions and answers in Texas

Looking for something else?