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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
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Experience:  Retired (mostly)
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About 2 weeks ago I purchased a 14 peice living room furniture

Customer Question

About 2 weeks ago I purchased a 14 peice living room furniture from Ashley Furniture Store In Scherville Indiana
I entered a purchase contract aggreement through their in store credit account at that location. It was just delevired on Wednesday June 19th 2013. The furniture is too big I would like to exchange it for a smaller 14 piece set . I was told that Legally I can not exchange or return it.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 1 year ago.
Hello,

There is a legal concept called the "implied warranty of fitness for a particular purpose." Ind. Code 26-1-2-315. What this means is that where a salesperson is proved to have recommended a particular item to a customer, if the item does not work as originally recommended, then that is a breach of warranty, and the retailer is liable for damages in the amount of the difference in value between the property received, and the property that would have been received had the warranty been satisfied.

The trick to winning this particular legal action is proving that the salesperson did recommend this particular set of furniture. If you were accompanied by someone else who would be willing to testify that the salesperson recommended the furniture, then that would be sufficient.

Also, if it was obvious that the furniture did not fit, when delivered, and you mentioned this to the delivery persons, but they ignored you, then you could claim that you rejected the furniture on delivery, and so even though it is in your home, you have not accepted delivery. Once again, if there is nothing in writing, then you need a witness to corroborate your testimony. In small claims court -- where this is likely to be resolved, the judge will need something more than your personal testimony, so that it's not just a "he-said, she said," argument. But, if you have a witness, then you may have a case.

Concerning the flat statement by the vendor that it's illegal to return or exchange after receipt, that is pure fantasy. There is no such law. The vendor simply doesn't want to accommodate you. Unfortunately, it doesn't have to accommodate you -- the vendor can treat you poorly, and you will never return to that vendor again. You can complain to the Better Business Bureau (www.bbb.org) -- but that's about all you can do.

If you need more info on small claims court, please let me know. Also, please let me know if my answer is helpful to you.

Thanks in advance.
socrateaser, Lawyer
Satisfied Customers: 33369
Experience: Retired (mostly)
socrateaser and 5 other Consumer Protection Law Specialists are ready to help you
Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you rated my service as "OK." Experience tells me that customers who rate at this level are generally not entirely satisfied with the service received. If you require further clarification or assistance with this question, please let me know and I will try to help.

Note: Please do not reply to this memo, unless you actually have a follow-up question. Otherwise, the system will force me to respond, even if you are simply saying, "no thanks."

Best wishes.

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