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Lawsuit

Posted Tue March 30, 2010 12:11 am, by Krystal O. written to American Furniture Galleries


In October of 2009, my boyfriend and I found a dining set that we both loved. He went back without me to purchase the set. The sales person filled out the invoice for 1 table with 4 leafs and 4 chairs. He wanted to be sure he understood exactly what the set he purchaced included, so the sales person clearly wrote on invoice "As Shown On Floor". He paid half of the balance and agreed to the rest upon delivery. A few days later we received a call from the manager. The sales person miscalculated the sale and we would have to pay significantly more than what we were quoted. We tried to speak to the manager in person because we were very displeased with the situation, but he was very rude, insulting, and even raised his voice at me. He said that there was nothing he could do and that we had to pay the additional money. According to my lawyer the invoice is a legal document which this company must honor. My lawyer mailed and faxed the manager a letter on my behalf and the manager refuses to acknowledge the law. As a result, we will be taking this company to court.

We would like for them to honor the document that states the price that was quoted to us and deliver the dining set that we purchased four months ago.


Reply



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by batmoody Posted Sat April 3, 2010 @ 5:21 PM

Once you've contacted a lawyer or even made threats of a lawsuit, they
aren't going to respond or honor anything.

I also agree with other posters, a lawyer should have told you not to
contact these guys anymore, which you are doing.

Reply
by laundryboy Posted Wed March 31, 2010 @ 6:15 PM

I think they are going to call your bluff. I am not a lawyer but I’m
pretty certain that you wouldn’t prevail in a lawsuit, plus a couple
of hours of an attorneys time would cost you more than the
difference.

Reply

by dulynoted (aka duttycalls) Posted Wed March 31, 2010 @ 12:47 PM

Its too late now but the manager could have been a bit more customer
friendly in this issue and explained why the price difference.
You never said if the manager offered to refund your money. Had he
done that then I would have taken the money and gone somewhere else.

Also it seems that this salesperson was not knowledgable in the
pricing of the table set. I am sure if the manager was that gruff and
rude the employee is probably no longer employed there.

Keep us posted...it will be interesting to see what happens.

Reply


by LadyMac Posted Tue March 30, 2010 @ 11:04 AM

Considering you have retained counsel who has, in fact, sent a letter
to the company on your behalf, the store will probably not respond to
your letter.

Once you have counsel, you have a paid mouthpiece and in some areas it
would be unethical for the store to contact you in the midst of
pending litigation.

Reply


You'd think by MA Cunningham Tue March 30, 2010 @ 4:37 PM


I always do by LadyMac Tue March 30, 2010 @ 8:01 PM

That was policy at ALL the businesses I've ever worked for. by Kalphoenix Tue March 30, 2010 @ 5:39 PM


That was one of the first things.. by Harleycat Tue March 30, 2010 @ 8:06 PM

by Donno Posted Tue March 30, 2010 @ 10:14 AM

that if the salesman made an error on the invoice, the sale should
either be cancelled or the amount should be adjusted to whatever it
should be. I don't think you should get an unspecified discount
because someone made an error.

I don't know what significance "As Shown on Floor" has. Anything
could have been on the floor, and who knows today what was sitting
there.

Reply


Re: Lawsuit by NathanG Tue March 30, 2010 @ 8:01 AM

by Casmly Posted Wed March 31, 2010 @ 10:57 AM

A dining room set isn't necessarily sold as a unit, but rather by the
piece. The basic table might be one price, then there is usually a
separate price per chair, then per leaves etc. On many sets there
might be a beginning price, say for the table and 4 chairs. Then you
would have to add in the cost of the additional chairs and table. If
this were the case here, it would have been very difficult for the OP
to know what the price of the unit should be.

Reply

by NathanG Posted Wed March 31, 2010 @ 12:35 PM

Including a dining room set. Every place we went to there was a tag
on the furnature stating exactly how much everything was with a little
list of extras.

I wrote everything down and when we went back (to the place we decided
on) the price I had written down (based on the tag) was pretty darn
close to the invoice we got.

Reply


by RowdyRetailer Posted Tue March 30, 2010 @ 12:41 AM

If you are taking him to court, then why are you writing him this
letter?


Good Day

Reply

one more chance by Krystal O. Tue March 30, 2010 @ 12:47 AM




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