Legal Question in Business Law in California

Invoice Enforcement

I purchased a sofa/love set from a furniture store. It took a while to make the deal, put the warranty in writing and have it delivered. I placed a $300 deposit and was to pay the rest as COD. When the item arrived it was not as expected. The seat cushions only had fabric on the top and the bottom had a different fabric. This prevents me from ever being able to flip the cushions. I spoke to the manager/owner on the phone until we came to an agreement. She said I can take my time to consider to take it, return it or think about it. We agreed that I keep $100 of the amount due, look at other stores to see if I can find the same set with the cushions I had seen and expected. I wrote that if I decide to keep the set I would pay the additional $100, and if I decide to return the set, the seller agreed to return my money back in FULL. The driver took the cash and signed the agreement the owner and I reached. Now I have decided that I am not happy with how it is and DO in fact want to return the set, but the owner is changing her word. She says that the only way she would take it back is if I can show her another store with the same product and with the cushions I expected. Otherwise, she wants the $100. How can I enforce the agreement?


Asked on 4/29/04, 1:49 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Invoice Enforcement

Well, I think the law is on your side. The Uniform Commercial Code, adopted in California, says that merchandise shipped must conform exactly to a specification, sample or catalog description, and if it doesn't, the buyer may reject it without further explanation and is entitled to refund of any advance.

This is a bit of an oversimplification, and the statute can't be abused or pushed to extremes, but the essence of this so-called "perfect tender rule" is that the goods delivered mustn't differ from what the buyer should have expected.

This doesn't protect buyers who expected more than was promised, or who failed to ask about the details, or who assumed (for example) that "wool" meant "cashmere."

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Answered on 4/29/04, 2:41 am


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