Legal Question in Business Law in California

Nondelivery of furniture

We paid a 50 percent deposit for some Henredon furniture from a San Diego store in April 2008 and were told it would be shipped in 12 to 16 weeks. They said it was going to be shipped in August, then September, then October and now before December. They now claim it was manufactured in late September and that it is just waiting to be shipped. How long do we have to wait before just cancelling the order and trying to get our refund of our deposit? The store manager says he will not allow us to cancel the order, nor will he give us any kind of written confirmation from the manufacturer that the furniture was made and he will not give us contact information for the manufacturer. It has been over seven months now that they have had our deposit, which was alot of money. We feel that we basically gave them an interest free loan and we are beginning to have doubts that we will ever see that furniture. What can we do?


Asked on 11/23/08, 6:03 pm

3 Answers from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: Nondelivery of furniture

You have multiple contract and common law causes of action available to you to recover from the furniture store. My suggestion would be to speak with an attorney about your case. Hopefully the furniture is available and has yet to be shipped. An attorney's assistance would let them know you are serious and there are consequences to their actions. There are remedies available such as "specific performance" that would allow you to force them to perform under the contract if this furniture is unique. If you would like to discuss this matter further, please do not hesitate to contact me.

Yours truly,

Bryan

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Answered on 11/24/08, 1:18 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Nondelivery of furniture

You might be taken more seriously if you have an attorney and if you are willing to sue. If the other side feels you are not willing and able to enforce your rights, they often will not do what you want.

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Answered on 11/23/08, 6:56 pm
Joshua Hale Hale Law Group

Re: Nondelivery of furniture

I would highly consider a suit for fraud. This has several legal consequences for the opposing party, and you are likely to find a cure to the problem.

JDH

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Answered on 11/23/08, 10:34 pm


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