Legal Question in Consumer Law in Missouri

incomplete sales agreement

I went to appliance store in Overland, Mo on 12/15/07. I agreed to purchase five Whirlpool appliances presented on the floor. I gave them my Discover card to pay. To this date they have delivered four of the five appliances. The inside of dishwasher is badly damaged, doesn't work; the washer/dryer are not whirlpools, nor do the function properly; I haven't been able to hook up range, so don't know if it works; weeks late of agreed delivery, they attempted delivery of refrigerator badly damaged and not the one promised. All of my calls, letters, efforts to protect myself have been met with broken promises or refusal to cooperate (with BBB, for e.g.). Any fair resolution seems hopeless. I followed FCRA procedure to the letter in disputing charge with credit card co. They say that I must pay because the sales receipt says 'all sales final'. Wouldn't that be contingent on receiving all five of pieces agreed upon and all pieces in working order? Sales receipt also indicates whirlpool brand ; only one item on it has money amount next to it and that is the refrigerator that has never been delivered.


Asked on 3/19/08, 2:22 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: incomplete sales agreement

If the amount of money involved is less than $3000, you can sue this bunch in Small Claims Court. If not, you need to hire a lawyer and go after them for violation of Section 407.020 of the Missouri Statutes (See this section at: http://www.moga.mo.gov/statutes/c400-499/4070000020.htm )

You have been ripped off. My guess is that this organization buys damaged goods and sells damaged goods at or near retail making huge profits. You should immediately revoke acceptance of the goods as provided by the Uniform Commercial Code. You need to see an attorney in St. Louis and get this taken care of right away. Because 407.025 provides for payment of attorneys fees, you are likely to find it easier to get an attorney to represent you in this.

Good luck.

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Answered on 3/19/08, 9:58 am


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