Q: The bedroom set that was delivered is of wrong size. How do I recover back my money?
We bought a bedroom set looking at brochures from a dealer who does not keep furniture in his office/location. Instead he shows customers brochures from different distributors. So we picked one bedroom set from brochure and made sure it fitted in our room with the stated dimensions. When the bedroom set was delivered, it was oversized, and couldn't fit into our room, as it was bigger then the dimensions shown in picture. Now that dealer is saying that the distributor first will pay him, and then he will pay us, and that the distributor will come to pick up the furniture from our house. I told him that what happens between him and distributor is his issue, and that since I paid him, he should pay me back right away. He wouldn't listen but insisted that he will pay me back once he gets his money. It has been two days, and there is no response from this guy. What are my options? I had already paid him in advance, and now there is unassembled oversized furniture taking up my room!
A:
Paying in advance was a mistake. You only should have put down a deposit. The truth is the seller does not have the money or else needs it so you are not going to get it quickly anyway.
What happened to the furniture? Did you accept delivery or not? Your options are to write a letter (send it certified) and advise that you received non-conforming goods (wrong size from what you ordered) and that the seller has a reasonable time (whatever is reasonable depends on what is reasonable for the furniture market - if this is a special item then more than 10 or 30 days might be reasonable) to deliver conforming items or else refund your money if he is unable to do so. Better yet, I would pay an attorney to send the letter.
If, after having received notice of the breach, the seller neither delivers the proper furniture nor refunds your money, then you sue. The limits for GA small claims (assuming the seller is in GA) are $12,000. Suit in small claims is quicker than in regular court so if you are in more of a hurry, I would go there. However, I would do the letter first.
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