Legal Question in Consumer Law in Michigan

I purchased furniture about a year ago from a national furniture store chain. I signed the sales contract and financing paperwork. The furniture was delivered damaged and the furniture store returned the furniture and paid off the debt to the finance company and closed the contract. The furniture company then had me pick out new furniture. They delivered the furniture and I signed a copy of the delivery slip as proof of delivery. The furniture company never provided a new sales contract or financing paperwork for the new furniture and therefore I never signed one. I noticed flaws in the furniture a week later where the cushions were flattened and would no longer retain their shape and called for service. The stance the furniture store took was that the furniture was deigned to look that way and there was nothing they could do for me. About 8 months later the furniture store called me stating that a sales contract was never created or signed and they needed me to come to the store to do so. I ignored their request knowing the furniture was not the quality I expected. I have never made a payment on the furniture since it was delivered because there was no contract or financing set up. I just recently received a letter from the furniture stores retained attorney asking for payment of the furniture in full and if I did not pay or dispute in 30 days they would take legal action. Given that I have never seen or entered into a signed sales contract for the furniture, did not agree to the terms and conditions of the furniture and there is no agreement on the warranty, will the furniture store be able to prove there is a binding contract enforcing payment?


Asked on 4/22/13, 9:46 am

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Yes, there is many way of going about this from their perspective. Quasi contract, quantum meruit, account stated or just breach of contract. You will end up having to defend the suit on its merits.

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Answered on 4/22/13, 7:56 pm


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