Furniture store canceled by purchase/contract

[Unclesally]

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

 

[Unclesally]

I live in California, bought a sectional last year, within 3 months we wanted to use the warranty we purchased because couch broke. Furniture store sent out a tech, the tech said it's normal wear and tear and not covered. We continue to complain, 10 months after purchase we are given option to exchange the couch for something else. We decide to upgrade and pay difference, everything was paid in full at each purchase. No financing. On scheduled delivery day, they unload new sectional, see old sectional and load up new sectional and take off. We contact the company and they say they can't deliver, and refuse to abide by the reciept/bill of sale. I want to small claims, for my money back for initial and second purchase and walk away or to have my new sectional and walk away from company. Do I have a case? Is a reciept/agreement to exchange in writing a contract?

 

[quincy]

I live in California, bought a sectional last year, within 3 months we wanted to use the warranty we purchased because couch broke. Furniture store sent out a tech, the tech said it's normal wear and tear and not covered. We continue to complain, 10 months after purchase we are given option to exchange the couch for something else. We decide to upgrade and pay difference, everything was paid in full at each purchase. No financing. On scheduled delivery day, they unload new sectional, see old sectional and load up new sectional and take off. We contact the company and they say they can't deliver, and refuse to abide by the reciept/bill of sale. I want to small claims, for my money back for initial and second purchase and walk away or to have my new sectional and walk away from company. Do I have a case? Is a reciept/agreement to exchange in writing a contract?

Why do you think the store refused to exchange the new couch for the old one? Was there noticeable damage to the old couch, outside the damage you had originally claimed (e.g., stains, tears, whatever)?

 

[tranquility]

What was wrong with the couch?

After the ten months, was the couch in essentially the same condition as when the tech came out and saw it in the first place?

 

[Unclesally]

We had complained that the frame broke and tried to use the warranty, they said no. So the couch had some sag. It was also down filled. So many feathers had fallen out, couch looks clean but noticeably not fluffy, like a new couch. Bottom underneath cushions is ripped, exposing the springs. All of which the furniture store knew of before authorizing our exchange. In other words the couch is dilapidated, the company knows and said they would fix it, and when it came to the wire, the backed out. Personally I think they won't be able to resale it and don't want to lose money.

 

[tranquility]

We had complained that the frame broke and tried to use the warranty, they said no. So the couch had some sag. It was also down filled. So many feathers had fallen out, couch looks clean but noticeably not fluffy, like a new couch. Bottom underneath cushions is ripped, exposing the springs. All of which the furniture store knew of before authorizing our exchange. In other words the couch is dilapidated, the company knows and said they would fix it, and when it came to the wire, the backed out. Personally I think they won't be able to resale it and don't want to lose money.

While entirely possible the furniture store is in breach of the warranty, that kind of damage will be a hard sell to say it was because of a manufacturing defect(s) over misuse. But, since it appears there was a subsequent contract created and you claim the furniture store knew the status of the couch when that contract was made, they should have to live up to it. Their defense will be you increased the damage after the contract to upgrade your couch.

It is going to get down to who is most convincing in court.

 

[Unclesally]

We have record of an email conversation that gave detailed description of the damage, they will have recorded conversations, up to them if they want to use them. They gave the stipulations for the exchange. Same value of I'm tial purchase, anything less we forego, anything more we pay difference, 7 days to find new couch. We got it done in 3, upgraded to a newer couch and paid the difference in cash.