Defective Sofa for $2800. Advise is greatly appreciated.

[drmoocow]

What is the name of your state? Georgia

purchased a sofa from a local store around me back in August. The item wasn't delivered until September 26. Three weeks after using the sofa, the sofa was defective. Whenever people sat down on it, the sofa would squeak very loudly. I called the company to say that I want to return the item. They told me "no, you can't return the item; however, we will repair the item for you". An appointment was made, and they came by to repair the sofa. Instead of repairing it, they made the sofa worse.

After a few days, they said that they would have to come pick the sofa up and bring it to their factory to repair the sofa. Originally, I was told a 3-5 day turn around. They didn't pick up the sofa until November 4 and I didn't get it back until November 23. After getting it back for three days, the sofa was once again squeaking.

I used my credit card for the purchase and I have already issued a charge back; however, it was reversed last week because the merchant said that "we are doing everything we can to get the problem resolved".
The cost of the sofa was around $2800. I have spoken to the "sales manager" five times about the issue and each time, I demanded a refund on the defective item after it being replaced two times but they won't budge.

My question is this: Would I be able to use the defense "Failure of consideration"? I've already taken four days off work to deal with this and they are unwilling to let me return an item that is defective. I can't afford to take anymore time off work to deal with the issue.

What choices do I have?

Thanks.

[teflon_jones]

Sue the store in small claims court.

[drmoocow]

If I were to go to small claims court, would I even have a strong case?

Thanks.