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A tile backsplash was just put up in my kictchen. The job is not finished. The color of tile delivered by the company is a different color than the tile we selected from thier sample board in person (ivory vs brown). I live in Winston-Salem, NC. The tile company is in GA and their Sales Rep just told the local company we hired to install that they have no liability and will not send the correct color of tile selected from their companies sample board. I have their sample board in my posession. I have spent $700 on my initial tile order and labor to install. The tile installed before it was confirmed the color was wrong will need to be removed and new drywall installed in order to be able to proceed. This company resides in GA, their Sales Rep does business here in NC. May I file for small claims court here in Winston-Salem, NC? Will I be able to sue for costs incurred to date and future cost to correct wall, including new tile and labor and legal cost and my time involved?
State/Country relating to Question: North Carolina Already Tried: The local tile company is a dealer for the tile distributor / manufacturer. Since no tile is shipped to the customer direct, the local company called their sales rep to explain the problem and work on a resolution on my behalf. They asked for the sales rep to cover the cost of replacing the tile we ordered and paid for that was shipped with a different color than their sample board. The sales rep refused and claimed they have no liability.
Yes you can file in NC because the tile company does business in NC in addition to GA. You will be able to sue for the refund of the money you already paid along with cost to repair the wall for new correct tile (cost to correct the wall in preparation for new tile). You can not sue for your time involved.
Thank you, XXXXX XXXXX print this reply and take with me to Winston-Salem, NC Small Claims court when I file in the event I am not allowed to file?
You may be able to print the reply and take it with you but it is not the same as having a lawyer representing you. The Judge understands the law and you just have to be able to show the damages. If you're having trouble with the clerk allowing you to file in NC, then I suggest you speak with the chief clerk if available as she/he should understand that you're allowed to file.
Lawyer (JD)
Practing General Attorney, Professor and Lecturer of law for two decades