Barnegat, NJ asked in Consumer Law for New Jersey

Q: I purchased a defective piece of furniture (paid $6,572) from a furniture store, Ship Bottom NJ

I purchased a defective piece of furniture (paid $6,572) from furniture store, Ship Bottom NJ

Purchased 5/31/221, received 10/31/21.

Apx 2/02/22 Store/Manufacturer verbally agreed to replace it completely.

I now want my $ back because same problem subsequently observed on floor sample picture of same product. This indicates to me that replacement would likely have the same problem.

Could take another 6 months to receive replacement.

Store has since offered credit.

I would accept credit on condition I would find something I like and within 8 weeks of order.

Also, ordered chair to go with sectional (paid $1,720) but I have delayed delivery because I will no longer need it and want refund on that piece as well.

So the furniture store has $8,292 of my $ since last year and I have no usable furniture as of today 6/27/22.

Do I have any legal protections/resources to support my position?

Related Topics:
1 Lawyer Answer
William N. Sosis
William N. Sosis
  • Consumer Law Lawyer
  • Hackettstown, NJ
  • Licensed in New Jersey

A: Yes, you do. Sellers do have a right to cure any defect but only if their efforts are reasonable and don't amount to tinkering. New Jersey provides several remedies for unfair commercial transactions. These can be found in Article 2 of the Uniform Commercial Code, The Consumer Fraud Act, Contract law, etc. Which law applies however depends on the facts of your case. But you'll most likely need an attorney to get the problem resolved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.