What are the details of the Buyers Remorse Law in California? Does it cover un-delivered furniture purchases?
Optional Information: Alameda, CaliforniaAlready Tried: web search
The laws would only protect you if it is the fault of the seller for not being able to deliver the furniture you have paid for otherwise the buyer is bound when they agreed to purchase the product and cannot change their mind just because the furniture has not yet arrived to their property.You can review the actual law on this here.You can also review a summary of the law here in particular Section II on General Contract Cancellation rights.Again, if buyer is just changing their mind, the answer is no cancellation rights. If seller is unable to deliver or has failed to deliver because of seller's fault, then yes buyer can cancel.
Attorney & Certified Mediator
Thank you. One more question. I purchased a bed headboard/footboard. During the txn, the store owner said he'll send someone out first to make sure the head/foot board can be attached to my box platform (as I said I thought it might not work). The guy came out today and determined they can not be attached, but said the headboard could just be pushed up against the wall. I decided I did not want the bed if can't have footboard and attached. Store had "no refunds/exchange only" on the receipt and now saying they won't refund me anything. They did not special order for me and have not delivered anything yet. And if I want headboard only, I have to special order and it's more expensive. I disputed with my credit card company, but wanted to know some law around this situation for me as the buyer.
Thank you for your response and accept.Can you tell me what the store owner said they would do for you after you told them "it might not work"?
Reply toCustomers Post: Nothing really. He said a few things to make me believe they wanted to see if it would work and if it didn't, I didn't have to buy it. I went ahead and paid for it before I left. I believe he said "we'll send Jose out first to see what the situation is and see if it will work before we deliver anything." They called me today after Jose left saying he couldn't attach the head/footboard. I said I would like them to refund me the money. If I keep just the headboard and push up against the wall, it's the same price as they have to "Special Order" a headboard only.
Thanks Chris for you response.The refund/exchange laws essentially states that so long as the seller posts what their policy is and the buyer is aware of the policy, then you are bound to that arrangment. However, if the seller said something to the fact that you would not be obligated to buy if it did not work, then the seller has amended its return policy to you and the seller should comply with their agreement. Unfortunately if this was verbal, you know they will lie unless Jose was there and can verify on your behalf of what he heard, but then Jose may also lie.I would suggest you contact the consumer protection agency for the state of California to try an resolve the issue for you. You can read more about that here. I think mediation would help here to resolve the issue. The laws on refund/exchanges can be reviewed here (see section 1723) and here.
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