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03-30-2007, 11:09 AM
| | Junior Member | | Join Date: Mar 2007
Posts: 3
| | | Upholstery cleaners damaged sofa
What is the name of your state? Arizona
In December 2006, we had Sears Carpet and Upholstery come out and clean our white sofa. They left dark stripes running throughout. Now,long story short, after 3 more times of them coming out to try and fix the damage, we still have stripes. The manager stated that they would have to replace the sofa and give us a refund. We were told to get quotes for a similar style. We turned the information over to them. They did not like the prices we found so now they are depreciating the sofa and giving us pennies on the dollar. The deal is:$300, we keep our sofa or $800 they take our sofa. Replacement is around $2000. I would like to know what recourse we have.  |
03-30-2007, 11:56 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,330
| | | They are only liable to pay the market value of the sofa, not the replacement cost.
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03-30-2007, 12:47 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 3
| | | Sofa
Can I accept the $800 and then not let them in my house to take the sofa? Do they have any legal right to it if I sign the letter with this option chosen? Will they sue me if I do not comply? How do they have the right to take it all? |
03-30-2007, 12:56 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,779
| | | you can take the deal as offered, or you can sue them in small claims court.
have you checked into the price of having the sofa reupholstered? it might be worth keeping the sofa if it is in otherwise good condition. otherwise, take the $800 bucks, let them have the sofa and be done with it.
You are unlikely to receive much more than what they are offering. |
03-30-2007, 01:02 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 3
| | | Please share your thoughts on the last post from me regarding keeping them out of my house and taking the $800. Thank you. |
03-30-2007, 01:09 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,779
| | Quote:
Originally Posted by kaylabryn  Please share your thoughts on the last post from me regarding keeping them out of my house and taking the $800. Thank you. | That is not the offer. I sincerely doubt that they are going to hand over the check without having the sofa in hand. If they do, there is nothing to stop them from stopping payment on the check in which case you will have the sofa and NO money. and no future offers, and quite a story to tell in small claims about how you tried to commit fraud, but that didn't work, so now you want the court to help you. Wow.
You feel like they are ripping you off? so you think that trying to rip them off is the solution?  |
03-30-2007, 02:11 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,330
| | Quote:
Originally Posted by kaylabryn Please share your thoughts on the last post from me regarding keeping them out of my house and taking the $800. Thank you. | Or they could sue you for the $500 difference, buy the time you add attorney fees and court costs, it will far exceed the $800 total.
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