Trying to be the nice guys

[CITYFA]

What is the name of your state?WI
I own a very small appliance & furniture store. Last May I had a young couple, that were building their first home, order various appliances and furniture set for delivery in July. Now everything is here, but they don't want it. The building plans fell through. However, they never told us what was happening. They were even here last week to choose fabric for one of the chairs. They say that since they put no money down, they're not obligated. The only reason they didn't was because I was trying to be the nice guy...they gave me a sob story about being charged for each check they wrote from the building acct. So, I said they could pay in full once evrything arrived. What are they responsible for? Their bill totals close to $9000.

 

[BelizeBreeze]

Did they sign the orders for the items or any other contract?

 

[CITYFA]

no, they recieved an invoice with all the items listed on it. They did cancel a few items a month ago (they said they were having second thoughts about the bedroom furniture). I just removed those items from the inv because I had not called the order in yet. We have no type of contract for them to sign. People just tell me what they want, and I get it.

 

[BelizeBreeze]

We have no type of contract for them to sign. People just tell me what they want, and I get it.

Then I would suggest you change your business practice. Or face this happening more than once in the near future.

Even if you have them sign the purchase order signifying that the items listed are in fact those they requested you order, it's a start.

As I see it now, you're stuck.

 

[CITYFA]

I keep reading abt verbal contracts are binding. Is this not true in my case?

 

[BelizeBreeze]

I keep reading abt verbal contracts are binding. Is this not true in my case?

Sure, IF you can prove a contract existed. Want to spend a few thousand dollars in the HOPES of getting something on the $9,000 owed? Or try selling the furniture and booking the loss for taxes?

 

[CITYFA]

I forgot to mention, we have it posted at the front desk there is a 20% restocking fee for non-defective items. Does this help me in any way?

 

[BelizeBreeze]

I forgot to mention, we have it posted at the front desk there is a 20% restocking fee for non-defective items. Does this help me in any way?

Sure, if you can get more than you have now. But 20% of nothing is still nothing.

You need to speak with a local attorney and take all your relevant paperwork with you. Because this won't qualify for small claims court. And when the attorney tells you you have a case but will probably win nothing since the couple has nothing, you'll be right back where you started, minus legal fees.

This is now a business decision, not a legal one.