If you do not recieve a product that you put a deposit on, what can you do to get your deposit back?

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If you do not recieve a product that you put a deposit on, what can you do to get your deposit back?

We put down a deposit for a product that was stolen while still in the owner’s possession. we were offered a similar product for a discounted rate which the owner asked us to give her a answer before the deadline she set. I tried but she wouldn’t answer the phone nor her text. When I finally was able to contact her she had sold the product. Now she is refusing to return the deposit and clams she is filing harassment on me and my husband for trying to contact her on this matter. She also clams that because we considered the similar product we at that time forfeited the deposit. What can I do?

Asked on March 11, 2012 under Business Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue her for the return of the deposit. When a seller cannot provide the product which the buyer has ordered, the contract for sale (whether written or oral) is void due to impossibility. When that happens, the seller must return any deposit. Whether it is cost effective to bring a lawsuit to recover the deposit will depend on how much is at stake.


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