Legal Question in Consumer Law in New Jersey

can i cancel a special order purchase (furniture) i bought furniture which was a special order . i placed the order on 02/14/2013 (thurs) on monday 02/18/2013 i called the the store and advised them to cancel and not order anything. the store advised me that the deposit would be non refundable even though it was cancelled within 3business days


Asked on 4/30/13, 10:21 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

There is no general right to cancel a contract or a sale within three days or any other period. Once a contract is made, the general rule it that it is binding. Some statutory schemes require a review or cooling off period to be made part of the contract. Examples are door-to-door sales contracts and, in New Jersey, broker-prepared residential real property contracts. If the agreed remedy for a cancellation was retention of the deposit, the store is within its rights to keep it. There are other measures of damages that might have been used most of which would be less beneficial to you. For example, if the goods were so "special" that they would be not generally marketable to others and a substantial start had been made on their manufacture, you could have been liable for the entire price.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/30/13, 4:24 pm


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