Legal Question in Consumer Law in California
I put a 2,500 deposit on a wedding dress (total price 5,412). The dress has not been made and the designer has not received any payment yet. The bridal shop lost their physical location but continues to sell their former in-store stock online. The P.O. says " All Sales Final", but since I haven't completed the sale yet, I want to get my deposit back so that I can work with another store. Can I get my money back?
1 Answer from Attorneys
You might be able to get your deposit back, depending on the terms of the sale. If the sale price included alterations, a fitting, etc., after the dress was delivered then you may have an argument that the retailer has breached the agreement (anticipatory breach) since they will not be able to deliver these services with an "online only" store. However, if the agreement was simply to have the dress made then you may have a difficult time getting the deposit back since the dress is a custom item.
I would try to work it out with the retailer and see if they will refund the deposit. If not you could take them to small claims court which takes about 45 days.
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