Return of Special Order Furniture

We purchased a recliner chair costing $890. (Special fabric order.) Upon delivery we found it defective. (The chair was tilted forward on the frame so that the footrest will not operate properly.) The store plans to pick up the chair to have it repaired. We do not want a repair and also do not like this chair and want a credit for the purchase. Do we have a case to return for credit in the state of Indiana?

ripoole said:

We purchased a recliner chair costing $890. (Special fabric order.) Upon delivery we found it defective. (The chair was tilted forward on the frame so that the footrest will not operate properly.) The store plans to pick up the chair to have it repaired. We do not want a repair and also do not like this chair and want a credit for the purchase. Do we have a case to return for credit in the state of Indiana?

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My response:

No. You have the right to have the chair adjusted so that it operates as it was designed to do. If, after they attempt the adjustment, and it still doesn't operate as it was designed to do, then you very well might have a claim; however, you must give the retailer an oportunity to make the necessary adjustments - - and to do so within a reasonable period of time, e.g. no more than 30 days.

IAAL

Thank you for your response. Since my wife now hates the chair, I guess I'm at the mercy of the store to take it on trade for a different model. Again your quick response was appreciated.
Russ

ripoole said:

Thank you for your response. Since my wife now hates the chair, I guess I'm at the mercy of the store to take it on trade for a different model. Again your quick response was appreciated.
Russ

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My response:

Russ, old buddy, old pal . . .

Don't tell me, you bought this chair on your own, did you ? Please, don't tell me that your wife didn't have any "input" in this matter before you made the purchase.

(I told you not to tell me !! )

IAAL

Heh, Heh, She thinks it was her decision.