Legal Question in Consumer Law in California

we ordered a bedroom set and the retailer charged our credit card. After a few days we received a call saying the bedroom set was discontinued. I checked online with the manufacturer warehouse and was told it was not discontinued but backordered and they should have it in storage within a week. We went back to the retailer who called the warehouse, and they agreed it was back and they could get it for us in a couple of weeks however, the price was higher now. The reason for the price change apparently was that they had to change suppliers due to quality issues. Is this legal? Our credit card has not yet been credited.

Thanks,


Asked on 9/30/10, 7:28 pm

2 Answers from Attorneys
John Morkos Law Offices of John H. Morkos

The store cannot raise the price on you. You have a binding agreement for the sale and purchase of that bedroom set unless the contract/receipt states otherwise.

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Answered on 10/05/10, 7:38 pm

You formed a binding purchase and sale contract. Their increased costs is no grounds to breach the contract, and they cannot charge you more. If they refuse to deliver the products at the price agreed, file a claim with your credit card company. Make sure to do it within 60 days of when the charge first appears on your statement or you lose the right. Then buy it elsewhere, and sue the original seller in small claims for the difference.

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Answered on 10/06/10, 5:49 pm


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