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Buying a product that comes in bad

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jmdunc14

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

I bought wood flooring from someone and half the product came in with forklift damage and the other half with cuts and holes on the floor boards. The flooring is unusable. I have made a chargeback with my credit card as the vendor would not fix the issue. I also made a shipping insurance claim on the forklift damage (although is was prob damaged prior to shipping). The shipping company gave me an insurance refund on the boxes that were damaged. Am I allowed to do what I want with the damaged flooring from shipping? The vendor is threaten me that he will sue me for theft of property when he shipped me everything. He has not responded at all to my credit card company so the dispute is still not finalized and they say he has up to 1 year.
 


LdiJ

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

I bought wood flooring from someone and half the product came in with forklift damage and the other half with cuts and holes on the floor boards. The flooring is unusable. I have made a chargeback with my credit card as the vendor would not fix the issue. I also made a shipping insurance claim on the forklift damage (although is was prob damaged prior to shipping). The shipping company gave me an insurance refund on the boxes that were damaged. Am I allowed to do what I want with the damaged flooring from shipping? The vendor is threaten me that he will sue me for theft of property when he shipped me everything. He has not responded at all to my credit card company so the dispute is still not finalized and they say he has up to 1 year.
Hold on to that insurance reimbursement as you will owe that money back to the vendor if your chargeback succeeds.
 

Zigner

Senior Member, Non-Attorney
What did the vendor say when you offered to return (allow him to pick up) the product?
 

NIV

Member
What did the vendor say when you offered to return (allow him to pick up) the product?
I think Zigner's hinting you might want to review the UCC. 2-602 might be a good place to start. It's short so keep on reading until they no longer seem to apply.
 

jmdunc14

Junior Member
Hold on to that insurance reimbursement as you will owe that money back to the vendor if your chargeback succeeds.
I told the credit card company I got money from the insurance claim and that I do not want to dispute that amount. They made a note, but still say they are waiting for his response and he is purposefully not responding. Am I allowed to do what I want with the damaged floors I got paid for already?
 

LdiJ

Senior Member
I told the credit card company I got money from the insurance claim and that I do not want to dispute that amount. They made a note, but still say they are waiting for his response and he is purposefully not responding. Am I allowed to do what I want with the damaged floors I got paid for already?
Honestly, I would keep everything intact (including not spending the insurance money) until the whole issue is resolved.
 

jmdunc14

Junior Member
What did the vendor say when you offered to return (allow him to pick up) the product?

Long process. I bought the floors in March and 1 month later before he shipped after he kept saying he would ship every other day. So he first responded he would work it out then 2 weeks went by with no response so I called the credit card company. This guy is a conman. Once he seen his money gone he tried to contact me asking how much was wrong and where the wood is. The credit card company said I do not need to respond to him. He finally got mad and threatened to sue me.
 

NIV

Member
I told the credit card company I got money from the insurance claim and that I do not want to dispute that amount. They made a note, but still say they are waiting for his response and he is purposefully not responding. Am I allowed to do what I want with the damaged floors I got paid for already?
Start here.

https://www.law.cornell.edu/ucc/2/2-601

Keep going, at least, through all of part 6.
 

jmdunc14

Junior Member
Honestly, I would keep everything intact (including not spending the insurance money) until the whole issue is resolved.
Ive been living is a storage shed for 3 months and still have to keep waiting? Its not right.
 

jmdunc14

Junior Member
Start here.

https://www.law.cornell.edu/ucc/2/2-601

Keep going, at least, through all of part 6.
Thanks! I am looking through it. What is the reasonable amount of time to hold on and store the wood for him? Do I have to respond to him where the wood is or can he contact my credit card like he is supposed to?
 

NIV

Member
Thanks! I am looking through it. What is the reasonable amount of time to hold on and store the wood for him?
Based on all the facts and circumstances, what do you think a jury might find reasonable?
Do I have to respond to him where the wood is or can he contact my credit card like he is supposed to?
You duties may differ under the law and under your credit card contract. I would respond to him. Always act as though a jury is looking over your shoulder.
 

jmdunc14

Junior Member
Based on all the facts and circumstances, what do you think a jury might find reasonable?
You duties may differ under the law and under your credit card contract. I would respond to him. Always act as though a jury is looking over your shoulder.
The problem is he is a conman. I honestly think he was trying to get someone local to come pick everything up and then tell the credit card company he wants me to send everything back and I wouldnt have anything. I dont even want to talk with him anymore unless I'm forced to. I asked my credit cards company and they said I do not need to talk with him at all at this point.
 

Zigner

Senior Member, Non-Attorney
Thanks! I am looking through it. What is the reasonable amount of time to hold on and store the wood for him? Do I have to respond to him where the wood is or can he contact my credit card like he is supposed to?
Are you asking if you can hide the product from him AND collect a chargeback?
 

jmdunc14

Junior Member
Are you asking if you can hide the product from him AND collect a chargeback?
No- the credit card company said he can ask for the flooring back so I had been holding it for the last 2 months. I want him to take the junk! But I want him to respond to the credit card company like he is supposed to. As for the boxes that are damaged and I got the insurance money for I am not sending those boxes back and he can have the money for it like I told the credit card company. I do not want to talk to him directly to have one of his personal friends come to my house.
 
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