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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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