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  1. #1
    Join Date
    Oct 2010
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    2

    Default Is My $1,000 Deposit for $4,500 of Bamboo Refundable

    My question involves a consumer law issue in the State of: Texas

    Greeting, I planned to purchase $4500 worth of bamboo for my home in Dallas TX from a vendor in Austin TX. After having left a $1,000 deposit on my CC, I changed my mind and now the vendor says he wants to keep my $1,000. I offered him $250 in good faith just in case his guys did actually do any work (which I can't verify) and he refused. CC company said if the guy simply "says" he has a no cancellation policy, he will win a charge back. His invoice makes no mention of cancellations or deposits, nor does his web site so essentially he has no policy. My assumption was that since I never signed anything agreeing to a non refundable deposit or that the order could not be canceled, I would be OK? My question is can he legally keep my $1,000 even though I formally canceled the order, requested a refund (even partial) and he has no stated policies about cancellations or refunds being non refundable? Would I have any chances suing him in small claims if he wins the dispute and can I sue him in Dallas small claims or do I have to go in Austin?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Is My $1,000 Deposit for $4,500 of Bamboo Refundable

    From what you appear to be stating, you went to a store in Dallas and made a special order flooring purchase with $1,000 down and the balance due when the product arrived. You appear to be indicating that the company does not have a refund policy at all, or perhaps they simply don't have one for special orders. Then you changed your mind and canceled the order, without any fault on the part of the seller, and want your deposit back?

    When there is no problem with the product sold, stores are under no obligation to offer refunds or exchanges. Many stores do so because it's good customer service, but that's voluntary. As far as I know, California is the only state that requires merchants to conspicuously post a "no refunds" policy in their store.

  3. #3
    Join Date
    Oct 2010
    Posts
    2

    Default Re: Is My $1,000 Deposit for $4,500 of Bamboo Refundable

    Perhaps I wasn't clear enough in my initial posting. This is not bamboo flooring, they are bamboo plants. I live in Dallas, the vendor which is a nursery is located in Austin Texas. This was not a special order, I repeat this was not a special order. This was just an order for bamboo plants. Selling bamboo plants is all they do so from my opinion for me to be able to walk into a nursery and say I want to buy Bambou from you and leave a deposit for a large order and then come back and change my mind and there is no liability or loss for them whatsoever, I would expect that I should be able to get my deposit back. Especially since they actually didn't do any work or provide me with any services what so ever. I hope this helps to clarify things for you but I have not received any bamboo or services from them. If they keep my $1,000, I will have received nothing in return. I offered them $250 in good faith in case they had done any prep work.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is My $1,000 Deposit for $4,500 of Bamboo Refundable

    Texas offers no special protections for purchases made at a seller's place of business, such as the right to cancel a sale.

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