Legal Question in Civil Litigation in Florida

We had a furniture order us a child's bedroom set we when it was delivered all parts required was delivered the store says it has a no return norefund policy, and if we returned it they will give us a store credit but ht emerchandise was special ordered and they have nothing in the store we want, the finance company told us that they will honor the store's policy and ther's nothing i can do. It has been two weeks since the delivery and they have not delivered the last piece and we have my son sleeping on a matress on the floor and boxes in his room. Is there any legal recource for us to get out of this contract. Thank you

my e-mail address is mce64lif@yahoo.com. thank you

Asked on 9/06/13, 1:37 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
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Your contract with the furniture company controls. Have it reviewed by an attorney. Impossible to answer your questions without seeing the paperwork.

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9/06/13, 1:41 pm
Angelo Marino Angelo Marino Jr. PA
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The answer given is correct, but I think you have a claim. If less than $5000, sue them in small claims court,

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9/06/13, 7:09 pm
Thomas Rosenblum Rosenblum Law Offices
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Hello: I agree with both answers provided. To be more soecific, I would need to read the contract you have with the store. You should read it well. Look specifically for any provisions regarding returns. See if their contract for sale spefically states no cash back, only store credit. I have not researched Fla. Law on this, but I do not believe that is absolute. I know if the company has breached the contract, that provision would be void. And if you sued the comp and got a judgment in your favor, you would collect money.

If my office can be of any assistance, please give us a call. Tom Rosenblum

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9/08/13, 6:23 pm

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