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my wife went to a furniture store and paid half down on some

 
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my wife went to a furniture store and paid half down on some furniture,it took 31/2 months to get when the truck came it had one lamp that was right, the sofa was not what she ordered and her end chairs was supposed to have nail brads arond and they didn't we told them as soon as truck left they said they would get it right we told them to turn the truck around and pick up furniture, they said just hold well it took 3 months to make the first chair but they said they would have the replacement in 3 weeks,3 weeks truck comes back we were promised new chairs with brads from factory, my wife hid a paper in each chair to see if in fact we got new ones,you guessed it same chairs with her paperwork,and the sofe was supposed to be 86 inches long it was only 80 inches and there was some damage.we would not accept and the salesman asked my wife what do you want me to do she said refund my money i have waited 6 months and you cannot get it right,he slambed the phone down,this was on sat, on monday we contacted the owner and asked for our money back he will not agree to give us our money back and has sent us a bill for the remainder,he has the furniture, we have a sheet from them that states what we should have got and its just not there what can we legally do to get our money back.

 

Optional Information:
Country relating to Question: United States
State (if USA): Georgia

Already Tried:
CONTACTED THE OWNER AND THE SALES PERSON,THE SALES PERSON SAID THE COMPANY THAT MADE THE FURNITURE MADE THE MISTAKE,WE FOUND OUT THROUGH A REAL GOOD PERSON THAT THE SALESMAN ORDERED THE FURNITURE WRONG THEN TRIED TO COVER UP. EVEN HAD SOMEON LOCAL TO PUT THE NAILS IN CHAIRS AND IT IS SHABBY WORK AND THE WRONG COLOR.

Submitted: 313 days and 8 hours ago.
Category: Legal
Value: $59
Status: CLOSED
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Expert:  Tina replied313 days and 8 hours ago.

Hello and welcome,

You and your wife were smart to take precautions to ensure you were not receiving the same (wrong) furniture. It sounds as though they provided not only the wrong furniture, but poorly crafted furniture. How much have you paid the company for it?

Customer replied313 days and 7 hours ago.

we have already paid 4700.00 and owe 4700. but at this point we would just like to get our money back my wife signed no contract.

Accepted Answer

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Expert:  Tina replied313 days and 6 hours ago.

I see. Thank you for the additional information.

I would begin by filing a complaint with the BBB. IF the company wishes to protect its reputation, it would typically be motivated to resolve the matter reasonably through that process and since they did not by any stretch of the imagination fulfill their obligations based on your order, which creates a contractual obligation, a full refund would normally be reasonable.

If that process does not resolve the matter, then a suit should normally be filed against the company. You could file in small claims court yourselves, or retain an attorney to represent you since it appears there would be a basis to pursue a claim of fraud since they tried to deliver the same furniture to you twice and under a fraud cause of action you can typically recover attorneys fees.

If the company knows you are considering a fraud claim against them, they should be more motivated to settle the matter in your favor in an effort to avoid litigation.


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Tina

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Tina41099.8534950231

Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.1 %
Accepts: 7510
Answered: 7/9/2012

Experience: JD, BBA Over 20 years legal and business experience.

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