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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33771
Experience:  Attorney with 15 years experience in various consumer protection areas
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I went to a furniture store. I bought a clothing cabinet for

Customer Question

I went to a furniture store. I bought a clothing cabinet for $246.38. I paid for it with my bank debit card. This was on a sunday. Sunday my wife was surprised and told me to cancel the transaction because her mom had already bought us on without my knowing
it. I called the furniture store to cancel the transaction and the message was full and I couldn't leave a message. I did the same the next am (Monday). I went to the store in person on the same day (Monday). The salesman told me that they will not give me my money back. He asked me to return and talk to the boss. I did and the boss also told me that they do not give refunds and to take another item of the same amount in exchange.
I told him that I never took position of the cabinet and that it had never left the store. He said, "No matter we will not give you your money back." My question is that if I go to small claims court in an attempt to get my $246.30 returned to me, since the item in question never left the store will I win this case?
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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When there is a sale of a consumer good, such as the cabinet here, once the buyer pays for the item, the transaction is completed and they are the legal owner of it. Although most stores offer a return option for items, this is out of courtesy to their customers and not because of any legal obligation to do so.

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The only time a customer has a statutory right to return something is if it is damaged or doesn't function properly because they then didn't get what they bargained for.

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So I hate to say it, but if you just changed your mind due to having another one, that wouldn't legally force the seller to return the merchandise as they only have to do so if it is somehow defective.

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The fact that you never took physical possession of it wouldn't change this as they are simply holding your personal property in a voluntary bailment awaiting your pickup.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 3 months ago.
what happened to the buyer's 3 day right of recision or cancellation on any contract in the state of California? Does that not apply?
Expert:  Barrister replied 3 months ago.

Unfortunately, there is no such law.. That is kind of an "urban legend" that people think is true, but isn't. The 3 day right of rescission only applies in specific circumstances, like in mortgage refinances, door to door home improvement contracts over $25, and gym contracts.

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People tend to think that it applies to every contract...cars, houses, leases, etc. but it doesn't..

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See here: https://www.avvo.com/legal-guides/ugc/dispelling-the-myth-of-an-unconditional-3-day-right-to-cancel-california-contracts

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A good merchant will take merchandise back just to build consumer good will.... But not all sellers are good merchants..

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thanks

Barrister

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