What kind of rights and protection do I have ifI purchased merchandise from an out-of-state vendor and it was damaged?

UPDATED: Mar 25, 2011

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What kind of rights and protection do I have ifI purchased merchandise from an out-of-state vendor and it was damaged?

I live in NY and purchased kitchen cabinets in CT. Almost all cabinets (15/17) are damaged in some way – e.g. doors warped; drawers not constructed properly; laminate bubbling. I put the charge amount on dispute with my credit card company but now they reversed the credit since it involves a purchase made in another state. Can the bank do that? Why do I have to pay for damaged cabinets? What kind of attorney do I need to assist in resolving this problem –  litigation or general practice?  In Nassau County, NY.

Asked on March 25, 2011 under General Practice, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) You do not need to pay for goods that were shipped to you damaged; you paid to receive undamaged goods, and if you do not receive such, the company/seller has breached the agreement of sale, you may refuse the cabinets, and you may receive your money back.

1a) Note that your ability to receive them may be impaired if you damaged the cabinets in any additional way after they were received.

2) The fact that this was from an out of state company does not change your legal rights, though as a practical matter it can be more difficult and costly to litigate against an out-of-state vendor.

3) From what you write, almost any attorney should be able to help you unless they are completely specialized in other areas. A general practioner could certainly do this; another good choice would be an attorney who handles various consumer disputes or consumer fraud cases.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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