Legal Question in Consumer Law in Maryland

Collecting a Downpayment

My wife and I expressed interest in an embroidery machine. The price is $1,000. My wife put a $700 downpayment on the machine. We changed our minds and the seller refuses to reimburse us our money. We have not picked up the machine, so it's still in the sellers posession. The seller told us we are obligated to buy the machine becuase she already spent the money. What do we do? Is there any law to protect us?


Asked on 4/08/02, 10:33 am

1 Answer from Attorneys
Terry Harris Law Offices of Terry J. Harris

Re: Collecting a Downpayment

The fact that the seller has spent the money is irrelevant as to your rights to the deposit. That said, your rights depend on the details of the transaction.

The seller clearly cannot keep both the machine and your money, but the seller might have some remedy if you were to be found to be breaching your agreement to purchase. If the seller can sell the machine to someone else, for example, your exposure to damages is probably minimal.

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Answered on 4/08/02, 11:35 am


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