QUESTION
Can I sue a furniture store for not delivering a bed that I paid for (well more than half for)?
Asked on Mar 24th, 2014 on Litigation - California
More details to this question:
I was going to pay in full but the employee writing out the contract told me to pay half that day and the rest on the delivery day. Anyway, I called the day they were suppose to deliver it, the person on the line stated that the employee that wrote up the contract was not there, and that the bed I ordered was out of stock until May. I was so mad because they didn't even have the common curtousy to call me and tell me. Now I've been sleeping on the floor for a few days because I took out my bed, because I was told to by the store, in order to have space to assemble it. I believed they were going to deliver the new one that date the contract stated. So I called today and they told me the employee that wrote out the contract was fired and that they will not honor the contract amount he signed for. I still want the bed and willing the only pay what I signed for.
1 ANSWER
You have the right to buy the same bed from someone else, and if it costs more, you can sue the first store for the difference. This is the legal concept of "covering." The amount might be small enough, that you'll decide not to bother. The amount will probably be smalll enough that you can sue in small claims court. You can also sue for the inconvenience of not having a bed after the date they promised to deliver, but not for more than a few days.
When you go to court, your phone calls probably won't count. The store will deny knowing anything about them. Send them a letter, on paper with a signature at the bottom. You can scan it and email or fax it to them. Don't send them just an email. Emails are too easy to fake. When they get a letter, even as an attachment, and with a copy by mail, they'll know there's an attorney advising you and lurking around somewhere. They'll know that letter is in order to set them up for a lawsuit. They might respond to a written demand that they deliver the bed you ordered and honor your contract, by agreeing. It's worth a try.
Dana Sack
510-286-2200
Answered on Mar 27th, 2014 at 1:41 AM