Legal Question in Civil Litigation in Ohio

Furtinure

I purchased furtinure with no exchange and no refund. I then asked if an exception could be made for an exchange of smaller furniture. He stated yes. I gave another 118.00 with a new receipt for the new furitinure and redelivery. The furtinure was ordered to be ready in two weeks. After a month of back and forth the man I was working with was no longer available. Now I am being told I cannot exchange the furtinure. Since I paid additional monies and have a new receipt was that originally contract voided? Do I have a chance of winning this case for new furtiure or a refund?


Asked on 4/07/07, 1:49 pm

2 Answers from Attorneys

Mark Chuparkoff Chuparkoff & Chuparkoff

Re: Furtinure

Yes. You have a chance. It depends on additional circumstances though. If you "relied" on the representations made by an "agent" (employee) of the company and those representations caused you to spend more money, then you may have a valid claim to get the furniture and/or refund.

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Answered on 4/09/07, 8:57 am
Bradley Miller Miller Law LLC

Re: Furtinure

If you gave additional money for the new furniture and got a receipt for it, you probably have a contract formed there. Most likely the first contract would not have been voided, but it could have been amended or in addition to the second one.

Based strictly on the information you have provided, you may have a very good case against the furniture store. In addition, if you paid them money and have not received anything in exchange for it, there may be a possible claim for conversion (essentially civil theft). And depending on the circumstances, you may have the option of filing criminal charges since you gave them money and have not received anything in return.

I suggest you meet with an attorney to discuss your options. He or she may be able to speak with the furniture store and get your furniture or money back without having to file a lawsuit.

If you have any further questions, feel free to contact me.

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Answered on 4/09/07, 2:35 pm


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