Legal Question in Civil Litigation in California
I bought carpet from Home Depot. It was installed in June. I moved into the home where the carpet was installed in July. In August, I had to call Home Depot to have their Vendor come out because the carpet was raising on the edges and middle of the carpet. The Vendor came out and restretched the carpet. I believe it was Sept. I called Home Depot again for the same problem but in different areas. Upon their arrival I was informed that the problem will keep occurring because the carpet was possibly defective. Home Depot was contacted again. I've had around 6 different people from the Dept Manager, Store Manager from Home Depot, a rep from the Vendor (installers) as well as a rep from the manufacturer of the carpet company. I have gotten around 5 different opinions. I was instructed by the dept. Manager of Home Depot on a couple of occassions to come in and pick out a second selection just in case my carpet has to be replaced and the carpet I originally selected is no longer available.I was also told that price was not an issue. I selected a second choice. Neither parties admit who's at fault. I am now being told that I have to pick out another selection because the one I selected is too expensive compared to the carpet of my original purchase. The carpet from my original purchase is no longer available. It took awhile for me to make my original selection. It was based on color, texture and warranty. There is no other carpet in the store that I would like in my home. I was offered a refund or apply the money to the more expensive carpet and pay the difference. My house had not furniture upon install. Now that I've moved in, it is fully furnished. What are my options? I don't want to be forced to select carpet I don't like.
3 Answers from Attorneys
if the carpet is defective, or if the installation was defective, you have the option of taking formal action against either or both, depending on the language of your purchase agreement. They have made a couple of offers to make you happy, but you are not obligated to accept something that is not to your liking. If they are wiling to pay for movers to take care of your furniture, removal of the defective carpet and a reasonably comparable carpet in price and quality, then its worth discussing a settlement. But if they cannot or will not be reasonable, then you'll have to take action. If the total amount owed (carpet, installation, removal, moving of furniture) is LESS than $7500, you can do it yourself in small claims court.
They have given you all of the options - you just have to choose one. If you don't like any of the carpet they are offering than take the refund and go elsewhere. If they are not going to replace the carpet you should also ask them to pay for the cost (if any) of moving your furniture and removing the defective carpet. You won't do better than that if you sue.
You should know better than to put Home Depot carpet in a Palo Alto house. It guaranteed you would be cursed. Seriously though, most carpet installers charge the same regardless of whether it is being installed in a furnished or unfurnished home. So your measure of damages is the value of the carpet or equivalent replacement - basically a full refund. You've been offered that either as a credit or direct payment. The carpet that is available on the market is what's available. You can't change that. So you need to either pick something at Home Depot that you like and take the credit, or take the refund and go elsewhere to find something you like.
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