Can I sue when a business sells me a product they no longer have.

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Can I sue when a business sells me a product they no longer have.

I recently purchased a new, french door, counter depth refrigerator. I was told they had 3 in the building, one a floor model, two in the back, and I could come pick it up anytime. Later that same night I received a phone call stating that he was incorrect, one had already been sold, and the other two were floor models. They are saying they cannot get me the same new refrigerator as that model has been discontinued. The floor models are used and have a scratch and I do not feel their offers to me for the used models are fair. Can I sue the company for this?

Asked on November 19, 2017 under Business Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can cancel the sale without penalty and get back any money or deposit you paid, for their breach of contract--them not selling you what they agreed to sell and you agreed to buy. But that's all you can back in a case like this: your compensation ("damages," as they law calls it) in a breach of contract case is limited to the actual loss you suffered or (as in this case) terminating the sale/agreement and getting your money back.


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