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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I bought a couch fro my new home in cash ($3600), it was a

Customer Question

I bought a couch fro my new home in cash ($3600), it was a special order, the couch had to be ordered from the manufacturer and there was a six week lead time, the lead time was fine as it coincided with the closing on the home. Our closing was delayed 4 weeks, we informed the furniture store and they told us they would hold the furniture in the warehouse until closing and delivery. Some how, the couch ended up on the shop floor, and was sold to another customer ... the store does not understand what they did wrong, we did not even get a courtesy call, and they cannot get a replacement until three weeks after we close. I am pretty sure they cannot sell what is not theirs, in the UK that would be called theft, I think it is called conversion here. The store are not offering a full refund, just free delivery, and my wife and I do not think that is good enough ... what are our legal options, we want to hold the store accountable for what they did?
Submitted: 10 months ago.
Category: Legal
Expert:  LegalKnowledge replied 10 months ago.

Good morning. Just to be clear, you do not want another couch from them, just your money back?

Customer: replied 10 months ago.
I want to hold them accountable for what I see as theft of my couch, and I want this furniture company to not do this to other customers, and then I want my couch expedited to my home at their cost.
Expert:  LegalKnowledge replied 10 months ago.

Thank you and allow me a moment

Expert:  LegalKnowledge replied 10 months ago.

Theft, is a crime against the State of Texas. The State would need to prosecute this and they would represent your legal right as the victim. Based upon what you shared above, I am inclined to believe this was an accident, unless they were greedy and sold the couch for more. None the less, I want to be upfront and honest and share with you that I do not see criminal charges being filed. You can certainly go to the police and file a report and allow them to investigate but I do not think anything criminal will come from this. However, your demand that they expedite the couch is 100% reasonable and they should do this, to accommodate you as the customer. If this can not be resolved as you desire, then you could try and file a civil lawsuit against them for damages suffered, as a result of this.

Expert:  LegalKnowledge replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!