Consumer Law, Warranties How do I get deposit back on new pool?

[HomeOwner123]

shopping for a pool for rental property in the OBX. salesman asked for $1000 deposit when he ordered the pool which he assured me was 100% refundable. I did not have the financing in place and didn't want to put a deposit down, but he reiterated that the money would be refunded if I did not qualify for the loan. If he ordered the pool by a certain date, it would be cheaper, so i agreed.

didn't get the loan, and when i went to speak with him he said he give me a letter to say if I couldn't get a loan by the end of the year he would refund my money. He just wanted to make sure i didn't get a pool somewhere else. I liked their pools and he was great so far, so I agreed. Letter never came. I stopped by the showroom 3 times to ask about the letter (and called a few times), and he kept saying he forgot. I have 3 witnesses who heard him say he would write the letter at different times, but nothing on paper.

fast forward - he gets fired, and the owner says the deposit is non-refundable. He said it covers the costs of siting the pool, but i had this surveying and drawing done over a year before I gave them a deposit and the original salesman said the siting work would not cost me anything.

I have the receipt for the deposit and it does not say it is non-refundable, but it does not expicitly say refundable either.

Please help.

 

[Michael Wechsler]

You need to look at your entire agreement. Is it just a deposit?

I'd send a certified letter, return receipt (and via fax if I could), to this pool vendor. I'd probably tell them that, as they know, the agreement was clearly that the money was refundable and the salesperson - whom he suddenly fired - made it manifestly clear. None of the paperwork states that the money is not refundable either. I'd make a demand to get the money back within a certain number of days or let him know that I'd be suing him in small claims court and will also ask for damages since there is absolutely no reasonable dispute. That would just be my approach and perhaps it will jog them into reality and action.