Legal Question in Product Liability in Pennsylvania
furniture purchase
I ordered a sofa in April 2005. I put down a $900 deposit. A balance of $2000 remained. In June of 2005, the sofa was delivered. The couch was unsatisfactory for a number of reasons. The dealer made little attempt to rectify the problems. We were told a number of times that if we weren't happy with the sofa, they would take the couch back. This was told to us on more than one occasion. In October of 2005, I suggested they pick up the sofa. Nothing happened. A couple months later, they sent a bill for the remaining balance. I called and voiced my disatisfaction and told them to take the couch back if the problems were not being corrected. We were completely ignored. Until this weekend, I have heard nothing else from this company. This Saturday I received a phone call saying to pay the balance or they would take the sofa. They are treating this as a delinquent bill rather than an a problem with their product.
My question: Do they still, after 3 years, have the right to demand the couch back?
1 Answer from Attorneys
Re: furniture purchase
You asked about dissatisfaction with a purchase.
First, unless the couch is on your unlocked porch then they really can't just come and repossess it. They would have no right to demand access to your home short of a court order.
But, unless you have good documentation of your attempts to resolve the problem then you may have a problem if they do pursue the matter in court.
Regards,
Roger