The designer and I have no specific contract. All I received from the designer was an email stating the exact pieces that I wanted made, the total amount of the cost to make them, and that delivery would be on Dec 20, 2012 or sooner.
I have already paid the designer in full. The designer and the manufacturer have a purchase order, and no other contract. The furniture has been available to ship since January 15, 2013, but the designer notified the manufacturer not to ship the furniture to me without prior written authorization to do so.
After I paid the designer for the furniture, I hired her to install closets for my mother. She quoted me a price and the work was completed. When it came time to pay her, she added to the price by over $300 and she said she forgot to add in her fees. When I disputed the amount with her, she had the manufacturer hold on to my "already paid in full" furniture, claiming that I owed her business money.
The manufacturer told her it was not their fight, that the furniture was paid in full and ready to ship.
I am fighting the designer in court, and currently waiting on a court date.
My question is for the manufacturer. They are on my side but afraid to be sued by her. The designers business name is XXXXX XXXXX purchase order with the ship to address being my home address. The manufacturer can not send me the furniture, because since the designer paid for it with her business check, and it is in her name, legally she is the owner.
The furniture has been ready for almost 6 months now. Each month the manufacturer writes and asks if they can ship my furniture, and she tells them not at this time.
The designer has already pocketed her profit of over $3,000 from the difference in the cost of the furniture she paid to the manufacturer and funds I gave her, therefore she could care if I ever get this furniture and the manufacturer keeps it forever?
My question is........ Can the manufacturer force the designer to allow shipment of the furniture, or can they legally repossess it and retain ownership of the furniture because she refused to allow shipment?