Legal Question in Consumer Law in Texas

I went to a local furniture store to purchase a coffee table. I found a set I really liked with the price tag of $349.00 on the table. I asked a store associate for help and asked her if they had that product in stock. She said no and that if I decide to order it, it would take 4-6 weeks. I was in no rush so I ordered the coffee table set. I paid the amount for the table and went about my day. 6 weeks past and no call about my coffee table. I would call and they would tell me it isn't in yet. Finally after about 2 months I called again. The lady that helped me told me that the product I ordered had been discontinued. I asked if I could then get a refund because I had been waiting so long and no one had called me to let me know this. She said to talk to a manager. I went into the store and spoke to an assistant manager. He asked if the table I had ordered was on display at their store and I said yes. I showed him to it and he took the price tag off of it and told me that the price tag on the table is actually for a table they do not have. So I paid for product that doesn't exist. The table I was looking at actually cots $500. The store associates never put a price on it and just used the price of a different table. Turns out they can only give me store credit. I don't feel that is fair since it was a very big mistake on the store's part. The receipt says all sales are final but I never bought what I thought I was buying in the first place. What can be done? I want my money back!


Asked on 8/25/10, 3:58 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

What they did is called a "deceptive trade practice." Hire a lawyer to send them a DTPA demand letter. Unfortunately, the DTPA says you have to give them 60 days before you sue them.

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Answered on 8/31/10, 3:35 pm


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