Legal Question in Consumer Law in California

Hi,

Thank you for your legal service.

This is about the hardwood flooring purchase.

I looked at the hardwood flooring at 'W' store on couple of weeks ago, and chose one and made an order ($5500) on Mar 8 on the phone. The store manager asked my credit card number for deposit of $100, so I gave it to him. He emailed me an invoice to sign and I called him and said I will stop by to drop off the check on Mar 10. On the way to the store on Mar 10, I stopped by another store and found what I liked better. I went to the 'W' store and said I wanted to cancel the order. The manager said I can't cancel the order because the woods left the warehouse and there will be restocking fee (25% of the purchase price) as written in invoice.

I thought the order goes through either when I pay, or when I sign the invoice. I knew I might change my mind so I asked if he could 'hold on to the woods' when I made an order. I actually meant 'hold on to the order' but chose wrong word I guess. I didn't say I might cancel the order, either.

I knew I took a risk of losing the deposit $100, but not the restocking fee. I started explaining that I asked him to hold on to the woods, the store manager told me he has all the recordings of our voice conversation.

Am I responsible for the restocking fee if it was written in invoice, even if I didn't sign it? Is the situation favorable to him if he has recordings of me making order and saying I will drop off the check?

This is big investment for me and I wonder how I could solve this.


Asked on 3/11/12, 12:40 am

1 Answer from Attorneys

Unless he made the recording with your knowledge and consent, it cannot be used as evidence AND he committed a crime. That's the good news. Unfortunately, it sounds like you have an oral contract to order the wood. They could enforce it in full. So even though you are not bound to the restocking fee because that was added by an invoice sent and not signed after the contract was already formed, it probably is pretty close to their costs and lost profit from you breaching the contract, which is what they would recover in court.

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Answered on 3/11/12, 11:33 pm


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