Legal Question in Consumer Law in Illinois
So i paid my furniture man $1000 for a couch sectional and he brought it and it couldn't fit in the door, so he said he will return it and get us a new of our choice, so he brought a new one and he demanded that we pay an extra $400 for the new couch and we didn't have enough money so we wanted our money back, but he said that he won't give us our money back. What should i do?
1 Answer from Attorneys
Can't say. To be enforceable in Illinois, a contract for the sale of goods over $500 must be in writing, so at a minimum there must be paperwork on the original couch. The fact that it would not fit in the door is really your problem, however, because the sale of a couch, without more, does not carry with it a warranty for any particular purpose such as its not fitting -- that's something totally within your control. If he KNEW it might not fit, however, that's different. As to an additional delivery charge, most are under $100 and even a restocking fee is normally only 10% or another $100. So I'd try to settle this with him before he tries to take you to court where, even if you win you lose time and effort.....
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