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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55392
Experience:  Licensed attorney helping individuals and businesses.
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I am in Virginia. We put $1000 down on a bedroom set which

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I am in Virginia. We put $1000 down on a bedroom set which was required. They ordered the set and put it in their warehouse. Upon closing on our home, their finance department did not approve the financing for some reason. They did put on the receipt there would be no refund. This is fine, however we are asking for a store credit and they are refusing. The contract does not say there will be no store credit. The statement on the contract states, "Once you depoist has been received, cancellations cannot be accepted and your depossit is non-refundable." The bed was not in stock and now they will be selling the set. They have the same set on their floor to model. They will be able to sell the set as it was not special made. Is this legal for them to keep $1000 in this fasion?

INFOLAWYER :

Hello,

INFOLAWYER :

Your demand for a credit is reasonable

INFOLAWYER :

what they propose would result in an unfair outcome

INFOLAWYER :

legally, it is called unjust enrichment

INFOLAWYER :

You may threaten and pursue complaint with the BBB, dept of consumer affairs, and small claims court

INFOLAWYER :

contractually, they have a point, but practically, with such pressures and on basis of this unjust enrichment theory you may seek settlement and recovery either of part of the deposit or a full recovery in credit

INFOLAWYER :

Let me know if you are satisfied

INFOLAWYER :

or if I can clarify anything

Customer:

Thank you. It did not seem appropriate. They did not address whether a credit would be afforded or not. Shouldn't they have mentioned this in the contract if it would not be provided?

INFOLAWYER :

Yes

INFOLAWYER :

it should have been express

INFOLAWYER :

no refund or any remedy

INFOLAWYER :

the absence of mention, is a good point as well

INFOLAWYER :

goes alongside the unjust enrichment theory

INFOLAWYER :

I wish you the best

Customer:

Thank you!!

INFOLAWYER :

Kindly click on an excellent rating for the answer.

INFOLAWYER :

very welcome

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