Custom Furniture Order

I placed a custom furniture order the second week of October with a furniture store in California. I was given a 4-6 week lead time for the furniture to be completed. I also gave the store a 50% deposit for the furniture. Between Thanksgiving and New Years the store owner told me that my furniture was almost completed. Just after New Years, 13 weeks after the start of my order, the store owner told me he would deliver my furniture to me, but he was unable to contact the wood worker who was making my furniture and would get back to me as soon as he could locate the furniture. That was two weeks ago.

Can I discontinue my order and ask for my deposit back? What protection do I have as a consumer?

I appreciate any help I can get.

Thank you.

Boots said:

I placed a custom furniture order the second week of October with a furniture store in California. I was given a 4-6 week lead time for the furniture to be completed. I also gave the store a 50% deposit for the furniture. Between Thanksgiving and New Years the store owner told me that my furniture was almost completed. Just after New Years, 13 weeks after the start of my order, the store owner told me he would deliver my furniture to me, but he was unable to contact the wood worker who was making my furniture and would get back to me as soon as he could locate the furniture. That was two weeks ago.

Can I discontinue my order and ask for my deposit back? What protection do I have as a consumer?

I appreciate any help I can get.

Thank you.

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My response:

Hopefully, you have these times and dates of delivery in writing, correct ?

If not, tell me exactly what you "do" have in writing.

Let me know.

IAAL

My delivery dates are in writing. Additionally in writing is a description of the furniture to be built including a statement that states that I will have an opportunity to examine the furniture prior to finishing to determine correct finish and any determine level of distressing if any. I never had this opportunity. I should also add that two weeks ago when I was told that the store owner couldn't find his wood worker, I sent the store owner a complete recount of all conversations we had and reiterated the terms of our contact. I let him know that since I didn't have the opportunity to review the furniture, that I may not accept it if it doesn't meet our design criteria or what he origionally sold us.

Advice?

Boots said:

My delivery dates are in writing. Additionally in writing is a description of the furniture to be built including a statement that states that I will have an opportunity to examine the furniture prior to finishing to determine correct finish and any determine level of distressing if any. I never had this opportunity. I should also add that two weeks ago when I was told that the store owner couldn't find his wood worker, I sent the store owner a complete recount of all conversations we had and reiterated the terms of our contact. I let him know that since I didn't have the opportunity to review the furniture, that I may not accept it if it doesn't meet our design criteria or what he origionally sold us.

Advice?

Click to expand...

My response:

Okay. Thanks for the reply. Now, the only determination to be made by you is whether or not this piece of furniture is so important, that you're willing to wait any amount of time for it's delivery.

As of this date, however, the furniture store is in Breach of Contract, making the entire contract subject to rescission by you for a failure of "consideration" in the contract.

You can:

1. Send a Certified letter that immediately cancels the contract, and demand a full refund within 10 days from the date of your letter; or,

2. Immediately begin a Small Claims court lawsuit for "Rescission" based upon the failure of "consideration"; or,

3. Put up with the situation so that you can eventually obtain delivery.

Since I don't know the specialized nature of the piece of furniture you purchased; e.g., there may only be this supplier of this type of furniture available to you, will weigh heavily upon your decision in this matter.

Let me know what you've decided.

IAAL