Legal Question in Consumer Law in California

I bought a sofa set for the price of $800. I was verbally promised that the set will be delivered the next day. I did not get it. I called and they said I will get it by the end of the week. Comes the end of the week I did not get it. If I refund the sofa set, do I have to pay the 25% restock fee giving that I did not even receive the set yet?


Asked on 2/25/13, 1:51 pm

1 Answer from Attorneys
Edward McCutchan Sunderland | McCutchan, LLP

Based upon what you have written, if you have yet to receive the sofa after repeated promises where you have yet to receive it, I would cancel the purchase price and expect to get payment in full since the seller breached the contract in a material manner where you have yet to get the furniture. You should not have to pay the 25% restocking fee.

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Answered on 2/26/13, 12:53 pm


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