My wife bought a bed online from a small business. This said business took a our down payment to make the bed, but they

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Customer: My wife bought a bed online from a small business. This said business took a our down payment to make the bed, but they neglected to mention they would be using the down payment for material and are refusing to give our money back. Do they have a legal right to keep our money even though we didn’t sign a disclaimer?
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: BC
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Debra in 13 mins 2 years ago
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Debra
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174572 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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174572 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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174572 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

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Debra, Expert

I don't understand. Are you not going to be getting what you paid for?

Customer
My wife had a change of heart on our purchase, and my wife didn't know the company would be using our down payment-as the company neglected to mention-for material or that the sale would be final once down payment was received
Customer
I'm not sure they have a legal right to withhold our down payment without receipts, disclaimer, or terms of agreement
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Debra, Expert

If you enter into a binding contract and if there was no provision that you can change your mind that unfortunately, you do not have a right to cancel the contract let alone to get your down payment back. They can sue you for the full cost of the contract.

Do you see what I mean?

Customer
What constitutes a contract? Is text messaging a legal contact?
Customer
We signed nothing
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Debra, Expert

Thought there was an offer to purchase the bed that your spouse accepted and even paid a deposit for. That is a binding contract.

Customer
Ok thank you
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Debra, Expert

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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