Can I sue when a business sells me a product that it no longer has?
Question Details: I recently purchased a new french door, counter depth refrigerator. I was told they had 3 in the building, 1 a floor model, 2 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 2 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?
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.