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I have a problem with a purchase that I made and want to know if I have any options.

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Oklahoma

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The seller is now saying they want to charge a 20% restocking fee when there was no mention of this prior to receipt of the product (which is missing parts)

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
9/16/2017
Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 11 months ago

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 11 months ago

I need you to be more specific in your question(s) if you could. When we answer general ones like "what recourse do I have", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

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Customer reply replied 11 months ago
I want to know if this seller can legally charge me a restocking fee
Customer reply replied 11 months ago
I do not want to switch to a live phone call
Lawyer: Dwayne B., Attorney replied 11 months ago

The seller can do it if they warn you about it ahead of time. However, a seller is not obligated to give you a refund unless you file suit and the judge orders them to do so. People have been conditioned by companies like Walmart and Amazon to believe that any time they want a refund all they have to do is ask for it however, that is just incorrect.

If you sue them to "rescind the contract" due to it being defective because it didn't provide all the parts the judge can issue a full refund and not allow anything for restocking. If you decide to hire an attorney to assist you in this case then you can not only sue for you actual damages but also any costs associated with the lawsuit including attorney's fees.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 11 months ago
if I respond to the request and say, "you are not able to legally charge me a restocking fee because you failed to notify me of this charge prior to the purchase. In addition, per your company return policy since this item is defective, it is eligible for a full refund." am I being factual?
Lawyer: Dwayne B., Attorney replied 11 months ago

No. There is nothing in the law which states they have to give a refund at all. At least not until you sue them and the judge finds they have breached their contract.

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