Can I get my deposit back for carpet never laid?

UPDATED: Sep 30, 2022

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Can I get my deposit back for carpet never laid?

We paid $1500 down for carpet. After 2 missed appointments drug test for employees they showed up with a cheap carpet. They promised to return in 2 days with the right carpet. No show no call. Our home was supposed to go on the market 2 weeks ago. It’s been one excuse after another. We arrived today $1,000 after moving our schedule around. No calls and no carpet. Finally at 5:00 pm his installer is 2 hours away still looking for the carpet.I want to cancel and get my $1500 back.

Asked on April 12, 2017 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, based on what you write, the installer has breached or violated its contractual (the agreement between you, whether written or oral [i.e. unwritten]) obligations by not installing the carpet when they were supposed to. When one party breaches a contract, the other party can treated the contract as terminated, or canceled, due to the breach. Also, the breaching party cannot keep the other party's money; they have to return your deposit once you cancel. If they do not, you could sue them (e.g. in small claims court) for the money.

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