Legal Question in Consumer Law in Texas

Company lied about furniture delivery

We ordered furniture from a local retailer. They said it would take about 10 weeks to arrive. We put down 50% of the cost up front. After 14 weeks, we are impatient and call for the status. They say it was just shipped out from the manufacturer, but didn't give a reason as to the delay. Two more weeks go by and they say it was stuck due to weather and should be here within the next week or two. Each time we call them, they give us another excuse. Finally, we call the manufacturer and they say the furniture was completed months ago, but they have not been paid by the retailer for past debts, and that our furniture is still in their (the manufacturer's) warehouse. The retailer now says to cancel the order will require a 15% fee, which we think is wrong since they have lied to us. Also, the 15% was never explained to us nor did we sign anything that says it (the retailer says the message is taped on their counter, which we never saw nor were shown). We are thinking of filing a complaint with the BBB and State Attorney's Office. We just want our money back AND not have to pay the 15% fee. Any suggestions?


Asked on 2/27/03, 2:04 pm

1 Answer from Attorneys
Brandon Manus Manus Law Office

Re: Company lied about furniture delivery

If the money is not refunded, you can file suit in small claims court if the amount is $5,000.00 or less. Plead for both the down payment and the 15% needed to cancel the order.

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Answered on 2/27/03, 2:27 pm


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