Suing Home Depot

[Tiffanyrey7645]

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

 

[quincy]

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

Home Depot has been sued in the past and is likely to be sued in the future.

What is the name of your state and for what reason do you want to sue Home Depot?

You can use the reply to thread feature to add information. Thanks.

 

[Tiffanyrey7645]

Home Depot

North Tonawanda, NY

Need advise on my case against Home Depot. Going to Small Claims court on May 1st.

We visted Home Depot for a price on quartz countertops. We selected a sample for the associate to provide what he explained a preliminary estimate. We were aware that this estimate could vary depending on measurements since my husband provided the numbers. We fully understood but just wanted to know how much we were looking to spend. While associate was working on the estimates, I chose another color selection which I liked much better. The associate provides me with the new sample and never wrote up a new estimate since it cost the same as the first selection. Weleft the store that evening with just one color sample.

About 2 weeks later, my husband goes in with the sample and advises the associate that he wanted to order and provided the associate with our sample. The order was placed and my husnand signed off on it. The problem is, the associate placed the order in the system from the estimate and never changed the color selection. Disregarded my husband's request with the sample he had provided. Counter got installed and we complained right away. We told the installers, we called the store, and even called corporate. They are holding my husband accountable since he signed the paperwork when the order was placed. He signed because he thought the associate placed the order correctly based on the sample we provided. They have offered us $500 to keep it, which was not acceptable. Then provided us with a final offer of $1500 towards a new countertop. We dont want money off, we want what we ordered.

Basically, its our word against theirs and they have his signature. We only have the sample of what we requested. Any suggestions or advise you can provide to help us in court would be greatly appreciated.

 

[quincy]

North Tonawanda, NY

Need advise on my case against Home Depot. Going to Small Claims court on May 1st.

We visted Home Depot for a price on quartz countertops. We selected a sample for the associate to provide what he explained a preliminary estimate. We were aware that this estimate could vary depending on measurements since my husband provided the numbers. We fully understood but just wanted to know how much we were looking to spend. While associate was working on the estimates, I chose another color selection which I liked much better. The associate provides me with the new sample and never wrote up a new estimate since it cost the same as the first selection. Weleft the store that evening with just one color sample.

About 2 weeks later, my husband goes in with the sample and advises the associate that he wanted to order and provided the associate with our sample. The order was placed and my husnand signed off on it. The problem is, the associate placed the order in the system from the estimate and never changed the color selection. Disregarded my husband's request with the sample he had provided. Counter got installed and we complained right away. We told the installers, we called the store, and even called corporate. They are holding my husband accountable since he signed the paperwork when the order was placed. He signed because he thought the associate placed the order correctly based on the sample we provided. They have offered us $500 to keep it, which was not acceptable. Then provided us with a final offer of $1500 towards a new countertop. We dont want money off, we want what we ordered.

Basically, its our word against theirs and they have his signature. We only have the sample of what we requested. Any suggestions or advise you can provide to help us in court would be greatly appreciated.

Was no one home during installation to notice the wrong quartz countertop was ordered?

Because your husband signed off on the work, a court might find Home Depot's offer a fair or even generous one.

 

[Zigner]

The order was placed and my husnand signed off on it. ... We dont want money off, we want what we ordered.

Basically, its our word against theirs and they have his signature.

No, it's your word against the signed approval on the order that they have. In other words, you don't have anything but your word, and they have a signed contract.

 

[Shadowbunny]

I've ordered many, many items at Home Depot during the course of an extensive remodel on a home. They don't hide anything on the order form -- and the consumer (your husband) is expected to read the contract before signing it. And signing it is the approval of the order. The fact that they offered you ANYTHING is beyond generous on their behalf.

Expect to lose in court.

 

[adjusterjack]

Agree with the others.

Any time I have ever special ordered anything from a store sample, the sample has a stock number and the stock number for that sample appears on the order, which I read carefully to make sure that the order is correct before I sign it.

That's just plain common sense.

And if the installer shows up with the wrong items I turn him away at the door.

That's also just plain common sense.

You and your husband had two opportunities to get this right and failed.

Take the $1500.

 

[Shadowbunny]

. We dont want money off, we want what we ordered.

Additionally, you are got what you ordered. And they have your husband's signature to prove it.

 

[xylene]

And if the installer shows up with the wrong items I turn him away at the door.

Umm, I don't think that would work completely, since the items are cut to measure, though you might not be out the install, but there is almost certainly an appointment charge.

In reading this carefully, I think there is fault on Home Depot, but it seems like it would be incredibly hard to prove (that he was holding the exact correct color sample when signing.)

I'd need to see what was written - was is a clear description or of the color written in the contract that was overlooked by op and spouse or a cryptic color code mis-entered by the employee.

 

[Tiffanyrey7645]

Paperwork provides name of color, not a color code. Associate indicated that the name of quartz was Snowcap. My husband advised the associate that it didnt say Snowcap on the sample. Associate looked at our sample and said yes, it's Snowcap. Our sample was actually called Intermezzo which I found out after this happened.

I defintely understand, my husband signature is on that order. We know this is extremely hard to prove. But where is the store's accountability in this? They provided us with the additional color sample, and that wasnt noted or documented anywhere. The associate basically hit send on the preliminary estimate that was provided, advised us he ordered the color we requested and in turn, my husband signed off. He signed on what he was reassured was being ordered based on the sample in hand. Just a sad situation for consumers trusting in their expertise.

 

[quincy]

Paperwork provides name of color, not a color code. Associate indicated that the name of quartz was Snowcap. My husband advised the associate that it didnt say Snowcap on the sample. Associate looked at our sample and said yes, it's Snowcap. Our sample was actually called Intermezzo which I found out after this happened.

I defintely understand, my husband signature is on that order. We know this is extremely hard to prove. But where is the store's accountability in this? They provided us with the additional color sample, and that wasnt noted or documented anywhere. The associate basically hit send on the preliminary estimate that was provided, advised us he ordered the color we requested and in turn, my husband signed off. He signed on what he was reassured was being ordered based on the sample in hand. Just a sad situation for consumers trusting in their expertise.

The Home Depot perhaps erred in not going over the order thoroughly with your husband but your husband erred in not ensuring that the countertops ordered were the color he wanted - and then double-erred by signing off on the order.

You said the original estimate (and countertop color) was what the order was based on. Home Depot never came out to your house to measure and provide a new estimate?

You can always sue Home Depot but I see problems with winning any suit, because your husband signed the order and because the errors in the order should have been caught before installation.