Legal Question in Consumer Law in California

Breach of contract/small business

My son worked in a furniture store and before he left I ordered furniture with his discount and put it on layaway. I have been making payments for 4 mos with no problem, 3 by ck and one by debit card. I went in today and was told by a different person,the prices were too low on the order form, my checks were ripped up and he wanted me to take my cash pmt back. This furniture was for our new home and we are moving in less than 30 days. It included a bed, computer desk and hutch for my 12 yr old, 6 chairs for the dining room, a glass and oak coffee table and end table and a oak book case. Real wood furniture. I am very upset. I have been told they have been taken to court numerous times but if you cause a scene in the store, they call the sheriff. What can I do?


Asked on 8/27/03, 9:48 pm

2 Answers from Attorneys

Frederick Choi Law Offices of Frederick H. Choi

Re: Breach of contract/small business

If you have a written contract or invoice for the purchase, then you should be able to enforce the terms. It would be best to have an attorney reveiw the document. If the agreement was oral, you can also enforce, although it will not be as clear cut because the furniture store may come up with a different story. One way or the other you should be able to protect your rights. If you are in the are and desire further consultation, please feel free to call.

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Answered on 8/28/03, 11:56 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: Breach of contract/small business

Find out the difference in price between what you agreed to pay and what it would cost if purchased elsewhere. Then sue the bastards in small claims court.

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Answered on 8/28/03, 12:56 pm


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