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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26987
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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What is the buyers remorse law for Texas in the case of Custom

Customer Question

What is the buyers remorse law for Texas in the case of Custom Furniture (handmade Mattress)? How long is the cooling off period, if any?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Attorney & Mediator replied 5 years ago.
There is no cooling off period in Texas for mattresses or for any consumer transactions. The TX cooling off period only applies to certain specific transactions such as those having to do with home solicitations.

You can review the TX statute on this issue here and a summary of the laws here

Unless the purchase took place as a home solicitation you were not under any legal obligation to give her a refund as there is no cooling off period. She can get into trouble if she stops payment as she can be charged for a bounce check. Typically there are no refunds for custom made products, I would accept her dispute as she has no grounds per TX statutes. She would be bound to the terms of the purchase and can be sued for the stop checked and taking property without paying for it or the check clearing.



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Customer: replied 5 years ago.
I had explained mattress was handmade within 2-3 days of purchase as I sell as durable Medical supplies and this assures my customers of a clean, germ free,brand new custom order made exclusively for her?. I also put a rush on her order at no charge due to her having health issues and included mattress pads and contor pillows at no charge to also help alliviate her health condition again at my expense. but this is what she wrote me and refuses to accept ANY merchandise. I was going to give partial refund on non custom order beds she ordered for kids. but the adjustable bed arrived at store for her and the handmade mattress has been made and in transit with no way for me to cancel. she is stating she will lose custody of kids due to divorce regulations and says her attorney insists on me refunding her money. how can I proceed to tell her that custom sales are final especially if she refuses to accept delivery?

Richard,

You did not tell me anything regarding any of your items being non-refundable. No signs in your store stated that and it is not stated on the receipt that I have in my possession. Also I didn't sign anything in your store acknowledging that this order would be not refundable and could not be canceled once placed. I understand your claim that this is high-end, top quality mechandise, but despite my medical conditions I told you about I am a single mom of 4 year old twin boys and I have to think in extremely practical terms since I am unemployed as we talked about that night.

As a business owner, I do not know how to tell you to proceed other than to call the manufacturer ASAP and halt production immediately and/or sell the bed to another customer. I have taken my cancelation up with the Bank that my check is drawn on and informed them of the situation, they are sending me paperwork to dispute the charge. After I told them about the purchase, they informed me that I will not be obligated to pay anything, and they advised me to not accept delivery or sign for ANY delivery of any items whatsoever.

I am certain that you won't have any problems at all selling that bed to anyone else who walks in your door of your store.

Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Unfortunately the TX laws are not clear whether you as the merchant are required to post your return or no return policy at your store or reciepts. So regarding this particular issue I cannot answer, I will have to opt out of your question and defer to another expert who may be able to provide clarification regarding this.

Since I have not helped you, you are not required to accept my answer.

You will be notified when someone else answers your question, so there is no need to sit and wait online.

Sorry for the inconvenience.
Customer: replied 5 years ago.
yes please pass on question to see if customer refuses to accept delivery how can I prevent them from trying to file dispute for refund?
Expert:  Dwayne B. replied 5 years ago.
The earlier expert was correct in that the buyer's remorse clause doesn't apply in this case. There is no Texas statute requring you to give a refund.

She can file a dispute with the credit card company and that is covered by their policies as opposed to statutes or laws. If she does not pay or cancels her credit card charge you can sue her for the value of the items. If she had already accepted them at her home and then canceled you could bring criminal charges but as it is you will have to pursue this matter through the civil courts. Based on the amount you stated you can bring it in small claims court which has a limit of $10,000 and below.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Dwayne B., Lawyer
Satisfied Customers: 26987
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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