What if custom order was not made as discussed?

Question

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as the previous couch which we still have right next to this one. We measured the old couch. The measurements were not written correctly on the receipt. We paid the deposit only. What is it something we can do? We do not want to keep this item and want to ask them to make it again or find the resolution. What if they refuse to offer any resolution with their mistake? Thank you in advance!

James L. Arrasmith · Answer

Under California law, when a custom order is not made according to the agreed-upon specifications, you have the right to seek a resolution. Here are some steps you can take: 
 
1. Document the issue: Take pictures of the couch, showing the discrepancies between the agreed-upon measurements and the actual product. Keep copies of the receipt, any written agreements, and other relevant communication. 
 
2. Contact the seller: Reach out to the seller and explain the issue in writing (email or certified mail). Request that they either remake the couch according to the correct specifications or provide a full refund of your deposit. Set a reasonable deadline for their response and resolution. 
 
3. Consider mediation: If the seller is unwilling to resolve the issue, you can suggest mediation through a neutral third party. Some counties in California offer free or low-cost mediation services for consumer disputes. 
 
4. File a complaint: If the seller remains uncooperative, you can file a complaint with the California Department of Consumer Affairs (https://www.dca.ca.gov/consumers/complaints/consumer.shtml) or your local consumer protection agency. 
 
5. Small claims court: If the above steps do not lead to a resolution, you may consider filing a case in small claims court. In California, you can sue for up to $10,000 in small claims court. You do not need an attorney for this process. 
 
Remember to remain calm and professional in your communication with the seller. If they refuse to offer a satisfactory resolution, you have the option to pursue the matter further through the channels mentioned above.

Leon Bayer · Answer

You have the couch and the store has not collected much money.  Hard to believe they would deliver it without getting paid in full. But, the store had the couch made as per the measurements on the receipt. In my opinion, a court will not blame them. 
 
So, you too have problems. The receipt is the contract. If the store followed the measurements on the receipt, I think the problem falls squarely into your own lap. 
 
If you were in court, the judge would probably instruct both sides to step outside the courtroom and see if you can reach a compromise, and if not, let the court know and the judge would then rule. 
 
You did not say how far off the measurements are. An inch, a foot, or what? 
 
I suggest you submit a new question after you know what the store's position is.

Q: What if custom order was not made as discussed?