Legal Question in Civil Litigation in Virginia
Should I go to court over some furniture I sold?
We were sold some new library furniture ($3,000 or so)from a large chain store. They said that we could buy all the pieces we did for a minimun payment of $15 per month. we double checked with the manager and he said "$15 per month. just sign here (credit card application) and your all set". The funiture arrived and we set it up. The bill arrived and said $80 per month. We called the manager and he said that's what they told me to sell it at, just $15 per month. We fired off several letters to the stores higher ups and they called back and said the managers were trained wrong and that they are very sorry. They offered a 10% credit to our bill or they could have the funiture picked up. What would you do? A deal is a deal right? I told my we should tell'em to come get the stuff.... They'll most likely come up with a even bigger credit. Is this somthing you can take to small claims court? The managers and the district sale manager all admit thier mistake.......
2 Answers from Attorneys
The Old Unilateral Amendment
Once you have entered into a valid contract with another party, that party no longer has the right to unilaterally change the terms thereof. My vote is to let them take the furniture back and give you a FULL refund. You may also want to consider reporting the company to whatever state regulatory agency is offended by inappropriate sales tactics.
Whatever You Do, Act Quickly
If they're going to agree to take back the furniture at no cost to you and give you a full refund, then that is the best relief youwould probably ever get, even if you took thematter to court. But don't think about it for more than a day or two ... if you don't actright away, while the company is in an apologeticmood, the company players could change and their tune could change. Also, the longer youkeep the furniture, despite knowing the problem,and especially if you start making the higher payments,the stronger their argument becomes that 1) the monthly payment must not have been an important factor, and2) by keeping the furniture you have now enjoyed the benefit of it and should notknow be able to return it, and3) by using it is now "used" furniture andthey can no longer resell it as new and therefore you should at least pay for the period of time during which you used it.I have seen many people lose cases like thisbecause of delaying in making a decision, so don't let that happen to you. If you needadditional help, and you are in Northern Virginia,please feel free to call my office or stopby my Web site. Good luck.factor
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