Can a deposit expire?

A mixed answer: there is a 6 year statute of limitations on a contract, so a right to sue under the contract will have expired. However, I think an argument could be made that the spa dealer was holding the funds in 'trust', so a claim for return of funds under that theory could theoretically be made. It would also be very helpful to know why it took 13 years for your husband to demand refund -- the statute could be 'tolled' (the clock stopped) by fraudulent action or a continued pattern of false promises by the dealer, for example.

I'd suggest you hire an attorney to consider sending a demand under the consumer protection statute, since I'm fairly sure that holding a deposit for this period of time would not be endorsed by a judge or court.

Daniel Malis
MALIS|LAW
(617) 491-1099