Dishonest salesperson forcing the customer into a contract...

[xesium]

What is the name of your state (only U.S. law)? California

I and my fiance are getting married in a few months.
She went to a bridal shop to try some gowns. Apparently the usual practice in that store is to hide the labels for the designer of the dress. Long story short, the saleslady was so super-nice to my fiance that she trusted her. Then she started scaring my fiance off to make her believe that it is already too late to order (5 months left to the wedding) the gown and that she needs to do rush order and right then (because the dress is made in Europe and the next day they are gone for their weekend). So she tricked my fiance to sign an order sheet. Gave her $200 discount contingent on she paying in cash. Also got a $400 deposit from her. She told her all the lies why she needs to do rush order and without rush order it would take 5-6 months to actually receive the dress. She justified it by saying that the workers need to work extra time to deliver a rush order and 10% of the price is added because of that. So she charged her $150 for rush order. Later we realized that rush order actually expedites it by at most 1 week and that rush order is for the shipping not that the dress is made faster.
Long story short we found the same dress in another approved retailer of the same designer for 40% cheaper when we basically realized that all the things the salesperson had told us were just plain lies.
We later checked the stores yelp rating and we realized that it is 1.5 out of 5. Also their representative bad-mouthes all the complaining consumers on yelp calling them "Bridezillas".
In the order sheet it is mentioned that we are responsible for the whole amount and that there is no cancellation, exchange or refund permitted.
Based on the salesperson dishonesty we'd like to legally challenge the store, the salesperson and her manager. We tried emailing them to cancel the order 2 business days after we put the order. However the only response we received was to intimidate us that if we don't make the payment we need to deal with their legal department.
I know that we made a mistake by not doing our research, however for the sake of us and all the 70+ people on Yelp and consumer alliance who had issues with these people, we'd like to challenge them. To that extent I appreciate any advice I can receive from you guys.

 

[Proserpina]

What is the name of your state (only U.S. law)? California

I and my fiance are getting married in a few months.
She went to a bridal shop to try some gowns. Apparently the usual practice in that store is to hide the labels for the designer of the dress. Long story short, the saleslady was so super-nice to my fiance that she trusted her. Then she started scaring my fiance off to make her believe that it is already too late to order (5 months left to the wedding) the gown and that she needs to do rush order and right then (because the dress is made in Europe and the next day they are gone for their weekend). So she tricked my fiance to sign an order sheet. Gave her $200 discount contingent on she paying in cash. Also got a $400 deposit from her. She told her all the lies why she needs to do rush order and without rush order it would take 5-6 months to actually receive the dress. She justified it by saying that the workers need to work extra time to deliver a rush order and 10% of the price is added because of that. So she charged her $150 for rush order. Later we realized that rush order actually expedites it by at most 1 week and that rush order is for the shipping not that the dress is made faster.
Long story short we found the same dress in another approved retailer of the same designer for 40% cheaper when we basically realized that all the things the salesperson had told us were just plain lies.
We later checked the stores yelp rating and we realized that it is 1.5 out of 5. Also their representative bad-mouthes all the complaining consumers on yelp calling them "Bridezillas".
In the order sheet it is mentioned that we are responsible for the whole amount and that there is no cancellation, exchange or refund permitted.
Based on the salesperson dishonesty we'd like to legally challenge the store, the salesperson and her manager. We tried emailing them to cancel the order 2 business days after we put the order. However the only response we received was to intimidate us that if we don't make the payment we need to deal with their legal department.
I know that we made a mistake by not doing our research, however for the sake of us and all the 70+ people on Yelp and consumer alliance who had issues with these people, we'd like to challenge them. To that extent I appreciate any advice I can receive from you guys.

Sorry, but you're not going to win this one.

You're right in that more research was necessary before you committed, and unfortunately their policy of "no cancellation, exchange or refund" is very common for bridal stores.

While she may have been dishonest, is it safe to say that there's no proof that she actually made these claims?

There's also no evidence that your fiancee was forced to sign, correct?

 

[swalsh411]

It's not illegal to add additional fees that don't really do anything.

And she was not "intimidated". She was told she needed to abide by the terms of what she agreed to or deal with the consequences.

 

[sandyclaus]

Ditto on the above.

Your fiancee wasn't FORCED into anything. No one held a gun to her head or threatened her physical harm if she didn't sign on the dotted line. She signed of her own free will and will now be held responsible under the terms of that contract.

Many salespeople are very good at what they do - SELLING. Their job is to convince someone to buy their product over someone else's product. They are often required to upsell premium pruducts and services that may or may not be worth their cost, the sales people have the incentive of selling those things vigorously because they make more money when they do it.

No one can say whether or not they lied to your fiancee about the expedited timeframes, but then again, your girlfriend may also have made assumptions. Bottom line is that she should have exercised due diligence and did her homework before committing to that purchase and signing a contract. Obviously, if she had, she would have found the better bargain and had the freedom to take advantage of it.

 

[Eekamouse]

Force? Intimidation? Oh please! Nobody held a gun to your fiance's head and made her sign a contract. She was completely free to walk out the door any time without signing a thing. Your wording is laughable.

 

[Eekamouse]

Jinx, Sandy!

 

[TheGeekess]

What is the name of your state (only U.S. law)? California

I and my fiance are getting married in a few months.
She went to a bridal shop to try some gowns. Apparently the usual practice in that store is to hide the labels for the designer of the dress. Long story short, the saleslady was so super-nice to my fiance that she trusted her. Then she started scaring my fiance off to make her believe that it is already too late to order (5 months left to the wedding) the gown and that she needs to do rush order and right then (because the dress is made in Europe and the next day they are gone for their weekend). So she tricked my fiance to sign an order sheet. Gave her $200 discount contingent on she paying in cash. Also got a $400 deposit from her. She told her all the lies why she needs to do rush order and without rush order it would take 5-6 months to actually receive the dress. She justified it by saying that the workers need to work extra time to deliver a rush order and 10% of the price is added because of that. So she charged her $150 for rush order. Later we realized that rush order actually expedites it by at most 1 week and that rush order is for the shipping not that the dress is made faster.
Long story short we found the same dress in another approved retailer of the same designer for 40% cheaper when we basically realized that all the things the salesperson had told us were just plain lies.
We later checked the stores yelp rating and we realized that it is 1.5 out of 5. Also their representative bad-mouthes all the complaining consumers on yelp calling them "Bridezillas".
In the order sheet it is mentioned that we are responsible for the whole amount and that there is no cancellation, exchange or refund permitted.
Based on the salesperson dishonesty we'd like to legally challenge the store, the salesperson and her manager. We tried emailing them to cancel the order 2 business days after we put the order. However the only response we received was to intimidate us that if we don't make the payment we need to deal with their legal department.
I know that we made a mistake by not doing our research, however for the sake of us and all the 70+ people on Yelp and consumer alliance who had issues with these people, we'd like to challenge them. To that extent I appreciate any advice I can receive from you guys.

Bridal gowns are usually ordered a YEAR or so before the ceremony. So, yes, 5 months is a bit of a hurry up for a bridal gown supplier.

 

[Proserpina]

And seriously - next time?

Go to a place where they at least ply you with a decent champagne before ripping you off.

 

[sandyclaus]

And seriously - next time?

Go to a place where they at least ply you with a decent champagne before ripping you off.

Or at least buy you dinner before bending you over...

 

[swalsh411]

I wonder if the OP was even there or is hearing all this alleged misconduct secondhand. It's natural he wants to defend his wife but he also needs to realize shes a big girl who should be able to take care of herself.

 

[TheGeekess]

I wonder if the OP was even there or is hearing all this alleged misconduct secondhand. It's natural he wants to defend his wife but he also needs to realize shes a big girl who should be able to take care of herself.

Well, you know, she went three times over the dress budget and had to explain it somehow.

 

[latigo]

Sorry, but you're not going to win this one.

You're right in that more research was necessary before you committed, and unfortunately their policy of "no cancellation, exchange or refund" is very common for bridal stores.

While she may have been dishonest, is it safe to say that there's no proof that she actually made these claims?

There's also no evidence that your fiancée was forced to sign, correct?

Not sure what were you attempting to say here. Is it:

1) That under any of the given circumstances the OP's fiancée has no legal recourse whatsoever?

2) That, "if it is safe to say" that there is in fact proof of dishonesty on the part of the bridal shop, that she DOES have legal recourse?

Also, regarding this business of "more research was necessary" do you mean to imply that a buyer is never entitled to rely on the representations of the seller. And if those representations prove to be false and materially false such as to induce the purchase, that the doctrine of caveat emptor applies precluding any legal recourse?

(If the OP is not puzzled by your offering, he ought to be).

Carrying it a bit further, suppose the OP visits a local dealership for the purpose of purchasing and presenting his fiancée a new automobile as a Valentine's Day gift.

The dealership tells the OP that the particular model with color, accessories, etc. and equipped as he requires is not available except by special factory order and transportation at an additional cost of $400. The deal is then closed at the tacked on price.

Unbeknownst to the OP the seller makes a few phone calls and finds the exact desired vehicle at another dealership; has it delivered to the seller's warehouse; then 02/13 calls the OP telling him that the car is ready to be picked up.

Now then . . . as I see, it your philosophy about "necessary research" on the part of the buyer would mean that in my hypothetical the car buyer would be without recourse to be reimbursed for the $400 add-on simply because he could just as well have made the same phone calls to surrounding dealerships. Pretty lame bit of "legal philosophizing" in my opinion.

 

[quincy]

Not sure what were you attempting to say here. Is it:

1) That under any of the given circumstances the OP's fiancée has no legal recourse whatsoever?

2) That, "if it is safe to say" that there is in fact proof of dishonesty on the part of the bridal shop, that she DOES have legal recourse?

Also, regarding this business of "more research was necessary" do you mean to imply that a buyer is never entitled to rely on the representations of the seller. And if those representations prove to be false and materially false such as to induce the purchase, that the doctrine of caveat emptor applies precluding any legal recourse?

(If the OP is not puzzled by your offering, he ought to be).

Carrying it a bit further, suppose the OP visits a local dealership for the purpose of purchasing and presenting his fiancée a new automobile as a Valentine's Day gift.

The dealership tells the OP that the particular model with color, accessories, etc. and equipped as he requires is not available except by special factory order and transportation at an additional cost of $400. The deal is then closed at the tacked on price.

Unbeknownst to the OP the seller makes a few phone calls and finds the exact desired vehicle at another dealership; has it delivered to the seller's warehouse; then 02/13 calls the OP telling him that the car is ready to be picked up.

Now then . . . as I see, it your philosophy about "necessary research" on the part of the buyer would mean that in my hypothetical the car buyer would be without recourse to be reimbursed for the $400 add-on simply because he could just as well have made the same phone calls to surrounding dealerships. Pretty lame bit of "legal philosophizing" in my opinion.

What are you saying here, latigo?

 

[Just Blue]

Or at least buy you dinner before bending you over...

Actually a LOT of GOOD Champagne is what you need before the "bend over". Dinner would just end up on the floor in a rather gross pile.

 

[Proserpina]

What are you saying here, latigo?

Don't mind him, q. If the post had been made by anyone else nothing would have been said to begin with.