Can LFS legally not return deposit?

[Miami Reef]

I have a question


I put money down for radion lights at my LFS.

I put a 50% deposit


The lights were on back order, so I told my LFS I want to cancel it to get my money back so I can buy lights elsewhere.

He said there is no return and no exchange. He said he gave my deposit to the vendor already. All I can do it switch from one light to another.

He said the vendor won’t give him back the money that’s why it’s final sale.

Is this fair? How can I get out of this situation? At the time of the deposit he did write “no refund” “no credit” on the paper.


Am I stuck?

 

[Hairyteeth]

Sounds like all sales are final….how long is the wait?

 

[Miami Reef]

All sales are not final. Just the deposit is.

My LFS can order lights from BRS for me, and I have the ability to use BRS’s return policy to return it through my LFS.

But the deposit is apparently stuck in my LFS’s hands. He will not refund the money I gave.

 

[Hairyteeth]

How long is the wait?

 

[Miami Reef]

About a month. But I don’t even want the radions anymore.

He couldn’t get the lights I actually wanted to switch it to.


So you’re saying the money is stuck with him? I can only just redirect it through him depending if he can get it or not?

 

[IceNein]

This sounds like a LFS that I would stop doing business with in the future. Radion lights sell. Yes, it sucks for him if he took your money and put a deposit to buy the lights, but he can turn around and sell them at full MSRP, and they will move eventually. It's not like you ordered a Chinese black box that he might have a hard time selling.

In the future I would cut out the middleman and just buy from BRS.

 

[Miami Reef]

In the future I would cut out the middleman and just buy from BRS.

That’s what I usually do, but my LFS said he can get it slightly cheaper than BRS.

That’s what caught me in this trap.

 

[W31Olds]

Did you use a Credit Card? Maybe dispute the charges. You never recieved the item. What would he say if the lead time was 6 months?

 

[LPS Bum]

That would be the last piece of my business that I ever gave to that LFS. As stated above, the owner could easily sell the new Radions at full price to someone else. It’s not like he’d be stuck with them. And they say customer service is dead…

 

[areefer01]

About a month. But I don’t even want the radions anymore.

He couldn’t get the lights I actually wanted to switch it to.


So you’re saying the money is stuck with him? I can only just redirect it through him depending if he can get it or not?

My advise to you is to pick up a phone book, or do a search in your local, and make some phone calls to legal experts. Maybe you or your partner or family member has free legal to ask a simple question. Doesn't hurt to make some calls and see if any can help guide you without paying hourly. Some do as public service credits.

Everything here unless they are in the legal profession is speculation and opinion. It was also mentioned above to call the bank you used to make the deposit. Explain to them that there is a delay. They key to all of this is the receipt or at least it will play a role.

Not my line of work but good luck.

 

[Miami Reef]

thanks guys. I am going to have a tough talk with the owner.


I’ll keep this thread updated if I need help. For now I think I’m good.

 

[JumboShrimp]

A purchase contract (even a verbal one) should have a 'meeting of the minds' as to all essential terms/conditions. That would include time for 'performance' (i.e., delivery). In the absence of agreed upon specifics, "reasonable" terms will likely be implied. Is it "reasonable" to wait a month for the lights to arrive? In my opinion, that would be the question under debate. Likely, without an agreed upon date-certain (nor a "time is of the essence" provision), I'm afraid 30 days would still be viewed as reasonable. ;)

 

[smitten with ocean life]

would he give you the option of returning the lights for a refund once they came in? maybe you could get it back that way? i know you wouldnt get your money back right now, but at least you could get it all back then

 

[Miami Reef]

I’m going to have this thread temporarily closed. I’m making progress here with the owner. Seems like I might get my deposit back.

Thanks guys.