My question involves a consumer law issue in the State of: NH
We hired a company to install a pool at our home. They required a deposit of $2000 and dropped off some of the pieces of the pool. (it was a previously used pool, that they were refurbishing to make new again) The agreement was for them to return to then build the pool and we would continue on a payment arrangement that we agreed to.
The problem is that every time we set a date with them to return to our house and install the pool, they cancel at the very last minute and reschedule a week later. This has now happened to us 3 times. We came to the point that we felt we could not trust them to follow through with their end of the deal and requested that they return our deposit and pick up the pieces of the pool that they left here.
In the email I stated that they are to come on a specific day to do this. The exact response I got from the company was "ok see you then". That's it, nothing more. To me that sounds like they agree to return my money and pick up their pieces. NOW, two days later, they're telling me that because they put money into refurbishing the pool, they won't return my money until they sell it again. Can they do that?? Especially when the initial reponse to my request sounded like an agreement to return my money?
I don't want this to get nasty, so I'm not sure if I should rush to small claims court or not. Today is Monday and they said they would be here Thursday. To avoid court, how long should I allow them to keep my money?
Another bit of info on this: In another email the company sent me, they offered to just sell me the pool and then I could hire someone else to install it. Honestly, their business etiquette has been less then professional and I don't want to continue to do business with them.

