Return of deposit for Layaway

[lisa001]

My jurisdiction is: New York

My mom has been paying for a diamond ring through a layaway plan from 2005She fell sick in 2007 ad was unable to make more frequent payments, however in February 2009 she came into the store to make a deposit, she has her receipts which shows all her payments. The ring could not be found, one of the employees went to the back to do a check for over 20 mins. The ring couldn't be found, she was told that they would have to check the bank. so she left and said that she would return at a later date. She did not make the payment then. Unfortunately my mom passed away in March. So far she has made payments amounting to $1100. The ring costs $1600. I have taken this receipt to the store along with my mom death certificate to get a refund of the monies the store owner says that i cannot claim anything, he suggested that i payoff the balance and they will search for the ring. I do not want a diamond ring, that was my mom's desire.

Please let me know whether i have a case, whether the laws of contract applies here, if one party dies does it not terminate the transaction?

Here the store owner has the ring, plus my mom's monies.

I appreciate your assistance . Thank you kindly

Lisa

 

[Michael Wechsler]

The law of contract should apply here. The estate has a right to recover the ring. However, the store owner is right to one extent - you have no right to the ring until you have the cash ready to pay for it. Obviously you wouldn't pay until the ring has been found but you can make a tender offer to pay and then come in to collect the ring.