Legal Question in Civil Litigation in Texas

Is a layaway considered a final sale?

I have two concerns. One: Is a layaway considered a final sale even though the product has NOT been paid for and as such the money considered kept. I was not informed at any time of their layaway policy, and what small signage they do have is at waist level and taped flat onto the counter, not at an easily seen eye level area. Secondly is it ethical for a business to keep money when there is an unavoidable reason for having to cancel? Considering now not only does she have the money I placed down, but she has since placed the item on the floor and it will be resold and she will make that profit as well.


Asked on 2/20/04, 10:23 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Is a layaway considered a final sale?

A layaway isn't a final sale until fully paid. While the merchandise is being held for you, it can't be sold, interest is being paid on the money the merchant paid for the mechandise in the first place, and the merchandise is taking up space which the merchant rents. The policy for layaway sets the terms. If you don't like them, don't enter into them.

A reason for breaching a contract isn't necessarily an excuse that will relieve you of obligations or penalties.

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Answered on 2/22/04, 2:15 pm


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