Re: Deposit vs. Liquidated Damages
You can't argue two arguments here as one defeats the other. First you said they showed you an apt with wood floors but told you they were going to install carpet. You claim you wanted the right to accept or deny the apt based on the actual carpet installed. Now you want to turn around and argue the apartment was not as shown (wood floors) but actually, it was delivered as promised (with carpeting).
Which is it: they installed carpet and that was a material alteration of the apartment which you were not made aware of or you are cancelling the contract on the basis that you reserved the right to cancel based on approval of the carpet.
so, what does your contract say to damages and the deposit should you cancel the deal?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.