Legal Assistance with Bank Deposits

Questioner

Some time ago we had our eye on a sofa at Sofa Home in Alexandrium. We were negotiating there and could get almost €3000 discount from the bank. Because we would get this sofa from our parents we wanted to come back the following week with them (because they were on holiday). This was not possible because otherwise we would no longer receive the discount. We paid €1000 in advance, signed and indicated that we would come back next week with the parents in order to determine the colour. A week later we came back with our parents to determine the color. In the evening we were at our newly purchased house (which we did not have/do not have a key to) to take measurements and it turned out that the sofa would be just too big for our house. Unfortunately we could not come that evening because they were closed and went to Sofa Home the next day to look at the possibilities. Unfortunately these were very limited so we wanted to cancel the sofa. We can now choose other furniture from the store for €1000, but we really don't see any nice furniture in this store and we wondered if this is fair? They basically forced us to make the down payment and the sofa hadn't even been ordered from the supplier yet.

Lawyer

If a deposit has been made, you will often not get it back, depending on what has been agreed. This is only different if, for example, there is an incorrect representation of the facts. Whether you have actually been forced by the seller to pay a deposit can work to your advantage, but is difficult to prove. The proposal that the seller makes to choose other furniture is reasonable, given the fact that the deposit is often not refunded. On the other hand, you are fairly quick to cancel so that little to no costs have been incurred by the seller. I advise you to inform the seller of this in writing. For more information or assistance, please contact me directly free of charge.

Lawyer

In addition to what my colleague Biharie reported, I would like to inform you that it is important what you initially signed for. That is not clear to me. If a sale does not go through, the seller cannot oblige you to spend any amount on more or other goods in his business. There is case law on this.