Legal Question in Consumer Law in California

I just received a sofa and chair frame my upholsterer made for me for a 3-day trial to make sure they didn't have a chemical smell to them. (I have multiple chemical sensitivities). I already told him I wasn't going to have him finish the job because he wasn't going to be able to build the rest of the sofa in a toxic free environment. He just dropped them off and he didn't have me sign any type of paperwork or release form as I expected.

My new upholsterer saw the frames and said they were built incorrectly. The new upholsterer can fix these things for $600.

It is my understanding that I can return customized goods if they are not received as ordered. I sent him an email and gave him 2 options: 1) pick up frames and give me a full refund of my deposit 2) refund my deposit, less your cost to build the frames, and give me $600 so I can have my upholsterer fix them.

We never had a written contract, however, I now have physical evidence that the frames were not built according the the specifications he sent me in an email. The height, seat depth and style of the cushions were different from what he told me. The were different than the picture I gave to him to "copy."

Questions:

1.Am I correct that I am entitled to a full refund under California Civil Code Section 1723b?

2.If so, can I pursue this in small claims court?

3.If he offers to fix the frames & refund the rest of my deposit, do I have to let him do it?

I can't have him do it at his shop, which has toxins in it, but what if he offers to fix it at my house? Do I have to let him?

Thanks,


Asked on 1/19/13, 4:04 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I would suggest you follow the procedures in 1723 and return the goods with documentation on why the goods were non conforming. California consumer legal remedies act provides the remedies and the California Department of Consumer Affairs may be able to help

Read more
Answered on 1/19/13, 4:26 pm


Related Questions & Answers

More Consumer Law questions and answers in California