Legal Question in Consumer Law in Florida

refund

I purchased a cage from pet store,owner said buy now as the price is going up. The owner agreed to leave it in her warehouse as I had no place to put it.I also told her it may take some time before pickup.I returned to store before 90 days and told her I had to sell bird and move back to mn. to care for elderly parents. She walked around store ignoring me and waited on everyone else,so I left. This same thing happened many times that I went to store for refund. She finally told me I don't think I need to refund you,as its over 90 days. I told her it wasn't when I first came in.I returned in a couple days and she said she was told to charge me 20% plus some kind of tax she had to pay. I should have $420.00 refund and she says after 20% and her tax she offers me $308.00. I have never seen this cage ,it is still in box in her warehouse. What can I do ?? She has no refund policy posted,and there is nothing about return on my sales slip. She also admitted in front of worker and myself that she needs a return policy. thanks barb


Asked on 11/25/05, 8:12 am

1 Answer from Attorneys

James Woodruff The Woodruff Law Firm, P.L.

Re: refund

Was there a no refund sign around the cash register or on the receipt? Regardless, sounds as though you may have a Deceptive Trade Practices Case, among other things, against the store. Since the amount in controversy is under $5,000 you may file in Small Claims Court. You must act quickly as the time you have to file a claim will be limited by the statute of limitations.

You should also contact the Better Business Bureau and Florida Attorney General's office. Both have web pages with complaint forms you may file. If futher assistance is needed you may contact me.

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Answered on 11/25/05, 9:12 am


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