What are my rights regarding a furniture store that tried to deliver damaged goods to me?

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What are my rights regarding a furniture store that tried to deliver damaged goods to me?

I refused the goods and refused to sign. They took months and promised to deliver replacement, but never did. Now they are sending letters that state their “litigation” department is going to reposses. I have send certified letters, filed with BBB, and called multiple times. I also was never provided with a full set of documents I signed. I asked, in writing through BBB, but the scanned documents had pages missing and things were hand-written and scratched out. If they take me to court, and it is “my word against theirs,” is not signing the delivery paperwork enough to not pay the debt. They have been visiting almost daily to reposses but I don’t have the merchandise.

Asked on November 1, 2014 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, bear in mind the BBB has no actual power or authority, so they can't help you.

Second, if you are sued--and note: you do not have to pay unless and until you are sued and they win--you will have to defend based on their breach of contract (not delivering undamaged goods, like you were purchasing) and violation of the implied warranty of merchantability (the goods were not servicable). If you can show, whether by testimony or documentary evidence (e.g. exchanges of text messages, emails, letters, etc.) that the good were unacceptable, you have a reasonable chance of a successful defense.


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