Frequently Asked Legal Questions

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1018 views   |   49   |   Last updated on Apr 28, 2015    Consumer Protection

We receive this question often, but we are unaware of any state law requiring any and all merchants to accept returns nor have we found any state law that would require merchants to post their return policy. Unfortunately, there is no clear answer to questions related to refunds and returns because it will depend on the specifics of your situation. Richard Alderman, a Texas attorney who helped draft consumer protection legislation in Texas, discusses refunds on his website and states the following:

Your right to a refund must be based on your "contract" with the store. Most people don't think about it, but every time you buy something at a store you enter into a contract. [...] The terms of that agreement control your rights. Some of the terms of the contract are expressly stated, for example the price. Other terms arise by implication, for example, some warranty rights as well as the right to return or exchange the item.

If you have questions about a specific purchase, it would be best to speak to an attorney who could inform you of your legal options. While there are laws that allow for a 3-day right to cancel certain purchases, these laws are very specific and do not apply in a majority of consumer purchases. The Texas Attorney General provides this information on the 3-day right to cancel in Texas.

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