QUESTION

How do I get a full refund

Asked on Oct 14th, 2020 on Breach of Contract - New York
More details to this question:
I purchased an item and requested installation. Not until the day of delivery did the company tell me they don’t offer it in my area. They refunded me partially but are refusing to return the delivery fee and the Haul away fee for my old appliance which they never hauled away.
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1 ANSWER

Trademarks Attorney serving New York, NY
3 Awards
Since contracts are a State-Law issue it is worth mentioning that nonrefundable fees are rare in New York. However, before jumping into any conclusions as to whether you can a get a full refund it is necessary to see the contract you signed, if you signed one. If a service provides failed to disclose a material fact such as coverage area you might be able to recover. However, there is no information to know for sure. That said you may want to consider sending a strong Demand Letter asking for the full refund. Then, if you don't get an answer you may consider filing a lawsuit. This could be framed as a small claims consumer dispute. However, keep in mind that in order ro sue in New York the Defendant must be located in New York. Finally, if you are thinking on engaging legal cousel, keep in mind that attorney's fees are only recoverable in certain cases, ond of them, when it has been agreed into the contract. ATTENTION. Thid is not legal advice. The information provided in this website is of general character. 
Answered on Oct 14th, 2020 at 5:54 PM

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