Legal Question in Consumer Law in California

Breach of Contract

I purchased a sofa from a retailer. Since the floor model was stuffed with down, I disclosed, and my interior designer witnessed the disclosure, that I was allergic to down. The store assured me that they had a non-down alternative, which I ordered. We asked numerous times, and the salesmen confirmed that we ordered a non-down product. The sofa that was delivered contains down. My salesman has verbally confirmed that my paperwork was for a non-down product. I have offered three solutions, replace the cushions and seat backs with the ones that I ordered, pay to have a local upholster restuff the sofa (the sofa was shipped from Italy), or pick it up and refund my money. The store refused all options and claims that I must accept the sofa as is. Since they did not deliver the product that I ordered, and the difference is material, I fell that the store is in breach of contract.


Asked on 10/08/07, 3:47 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Breach of Contract

You are absolutely correct. A quick fix can be to dispute it with your credit card company (if you used one).

Be advised that you may be entitled to collect storage fees from the store for holding their couch (subject to conditions and limitations, of course).

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Answered on 10/08/07, 4:06 pm


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