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Yes and you could take him to small claims court. Hopefully you approached the salesman because if this guy called you or came to your door asking for business, then it was probably a scam. A good and reputable business never has to solicite door to door or by phone.

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Q: If you hired a carpet salesman to purchase and install carpet and you already paid for it and haven't received any partof this service or your money back is this a criminal act?
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