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I bought an expensive bed. The dealer has, I believe, done a…

Hello--I bought an expensive...

Hello--I bought an expensive bed. The dealer has, I believe, done a breach of contract. They did not deliver the product as promised

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Albuquerque, NM

Lawyer's Assistant: Has anything been filed or reported?

Yes. I sent a letter to the CEO of Sleep Number and also filed a complaint with BBB.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have photos and the letter attachment (MS Word) I sent to the CEO and hand delivered to the store manager.

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Answered in 5 minutes by:
3/12/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,478
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
I can send a summary of the complaints and photos.

I'm sorry to hear about your situation.

This appears to be a breach of contract based on the failure to perform within a reasonable time because they did not deliver the product as promised. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started. ​What other questions did you have for me today?

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Customer reply replied 4 months ago
I don't want to spend $59 for a phone call. Can I send text here.

I understand. Did you get a chance to see the answer to your question? What questions did you have for me about this?

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Customer reply replied 4 months ago
I am a victim of Sleep Number multiple customer mistreatment. On 1/23/2018 We bought a $12,000 bed. It is a split adjustable bed with separate head and foot controls.My wife (74) is recovering from a stroke and I (67) am a prostate cancer patient.Below is a bulleted list of the problems and lies I have encountered.STORE
• The first mistake with the order is that the salesperson ordered the wrong controls for the heated mattress pad.
• The correct (it seems) mattresses arrived. That can’t be verified since the delivery failed to arrive and continue the installation.
• Once the company received the payment, their attitude greatly changed and became very cavalier. Their responses were canned. It seems like this is a regular event.
• The store manager said if no one shows up tomorrow (Tuesday) then he would come out Wednesday on his day off. This is because another install team is working multiple customer issues!!
• I’m continually being assaulted with more issues and lies—they just continue with no end in sight.
• Risk free trial-SALES DID NOT INFORM US
• Refund-SALES DID NOT GO THROUGH THE MANY RESTRICTIONS AND LIMITATIONS WITH US!
o Did not even recommend that we read VERY CAREFULLY go over it before closing the sale.FACTORY
• We (my wife and I) were told it would take 6 WEEKS for the delivery. This seemed strange. MOST, NOT ALL of the bed was delivered on the “promised date”.
• The next mistake is that the factory shipped a single mattress instead of two separate mattresses, hence no dual firmness and head/foot settings.DELIVERY
• FIRST (original) team did not inform us that the level of the base could raised and LOWERED. It is too high for my wife who is recovering from a stroke and not steady on her feet.
• They left with a bed NOT WORKING.
• SECOND team only showed where the heat button on the remote is. THEY DID NOT TEST THE HEAT FUNCTION TO VERIFIY IT WORKED. IT DOES NOT WORK—BAD POWER SUPPLY UNIT.
o Only after the bed was fully assembled did the man inform me of the adjustable base height AND I WOULD HAVE TO ARRANGE ANOTHER APPOINTMENT TO HAVE IT LOWERED.
o The person assembling the bed was confused with the WIFI and remote control.
o The remote control does not work correctly.
• AS OF 3/12/2018 we still do not have a fully working product.Ron Mouser***@******.***(###) ###-####

Yikes, I'm sorry to hear that you have had so many issues with this.

It appears to me as if you may need to up the ante a bit beyond the BBB. Consider contacting your attorney general about their practices as well. It seems as if they're doing everything they can or not doing enough of what they can to help resolve this situation. The AG's office may be able to help you get your money back or at least they will conduct an investigation to help you get your money back.

What other questions did you have for me about this?

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Customer reply replied 4 months ago
Can I sue for physical and emotional damages as well?

In this case, the physical damages that occurred are definitely compensable because these are damages that were consequential to the breach of contract; however, the emotional damages would have to be a separate cause of action separate from any breach of contact or unfair trade practices claim.

Did you have any other questions for me about this today?

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Customer reply replied 4 months ago
Would I search for civil suit type lawyers?
Customer reply replied 4 months ago
Local lawyers that is...

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Check out the website for your state’s LRS:

New Mexico LRS - click here

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You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

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Customer reply replied 4 months ago
I am doing that now. I have bookmarked both sites.

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  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,478
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Done--5 stars

You're too kind, thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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