Legal Question in Consumer Law in Oklahoma

Receipt for Item not in Inventory

I bought a display model shed from Lowes and paid extra fee for delivery in two days. I was called 24 hours later and informed that they already sold the shed to someone else and there were no other like sheds that they could deliver and they offered a refund. Does the law require that they deliver the shed on my receipt as agreed?


Asked on 11/01/08, 7:07 pm

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Receipt for Item not in Inventory

What you're describing is "specific performance." A court may require one party to a contract to do exactly what was bargained for, if there is no other way to achieve justice. Typically "specific performance" is used when the product sold is unique (eg, piece of art, or real property). Here, a court would likely require only the store give you a full refund, so you would theoretically not be out anything, and fully returned to the position you were in before you bought the shed.

There are also some consumer protection laws applying to retailers, but I doubt they're applicable to what you describe here, unless there were fraud or misrepresentation; and even then, I don't think you'd be able to compel Lowes to deliver the shed.

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Answered on 11/02/08, 9:37 am


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