[snowloverdc31]

My wife and I purchased a furniture set (table and chairs) in July of 2008. We put down a deposit of 50% of the purchase value with an expected delivery in September.

Throughout the next 6 months - there were several delays, missed calls, and lies told to us by the seller of this furniture. We got half of our furniture (the chairs) but never received the table as promised. Eventually we did get a "loaner table" which seemed to be a step in the right direction by the seller, but never the one we ordered.

This waiting period consisted of at least 5 missed deliveries, where I was waiting at home for delivery folks who never showed up. Often I would get a call an hour after scheduled delivery time, only to state that things were still running late. Almost every time after that I never got another call and no one showed up.

Multiple calls to the store were almost never answered, and those that were were days later with no information to help us (status, schedule, etc). Our patience wore on.

Finally, in February, we formally canceled the order and requested a full refund. This was done in writing. We also formally requested pickup of the delivered merchandise as part of this process - this was all done in writing. Our deposit was eventually refunded in full - so by this point we had the furniture and have simply been waiting for them to pick it up.

Since then, we have had two scheduled pickups where AGAIN the store failed to show up. Keep in mind these two failed pickups now make at least 6 or 7 times where I have taken leave from work, and stayed at home or gone home early to wait for folks that never arrive.

I am sick and tired of wasting my time and at this point I am wondering what my options are. I would like to formally terminate the relationship but I am wondering if I have a legal leg to stand on here. Can I keep the merchandise that I now have, given that I have put forth a fair and decent effort to make myself available for the vendor to pick it up? I am not optimistic that another scheduled pickup would have any other outcome, given the past track-record of no-shows, un-returned calls, and general irresponsible behavior on the part of the store.

Logically, the vendor would have no option but to sue us in small claims court to get the merchandise back. If this occurs, would I have any sort of legal case to counter this? Does wasted time and effort (a significant amount in this case) warrant my behavior? Others have suggested that I should perhaps give them an ultimatum stating that they have one final chance to pick up, and then our relationship is done. However, I am already on my third-time for telling myself "this is it" and I am fed up, frustrated, and tired.

Any thoughts on this matter would greatly be appreciated. Thanks in advance for any help. Questions - just let me know and I can clarify.

[JudyKayTee]

You are not entitled to free furniture and the store is not entitled to free money - you can sue them in Small Claims for a new table (quoting the contract) and they will countersue for the balance of their money.

Or they will sue you to enforce the contract (if and when the new table ever comes into stock).

I'd write them a letter DEMANDING that they pick up the furniture - new chairs and a "used" table are of no use to you - and DEMANDING a refund. Then I'd walk over to Small Claims Court and file.

They will undoubtedly argue that the furniture is now used and of no value to them. You will argue, who cares? They broke contract.

[this8384]

I'd write them a letter DEMANDING that they pick up the furniture - new chairs and a "used" table are of no use to you - and DEMANDING a refund. Then I'd walk over to Small Claims Court and file.

Agree with the letter idea, but the OP said their deposit has already been refunded in full.

I'd send the letter stating that they have X amount of days(typically 30) to pick up the furniture and if they fail to do so, you will "dispose" of the property accordingly. Keep a copy of the letter and send it certified so you have proof that they were properly notified. If they don't want to come get it, then it's yours.

[JudyKayTee]

Agree with the letter idea, but the OP said their deposit has already been refunded in full.

I'd send the letter stating that they have X amount of days(typically 30) to pick up the furniture and if they fail to do so, you will "dispose" of the property accordingly. Keep a copy of the letter and send it certified so you have proof that they were properly notified. If they don't want to come get it, then it's yours.

Would it help if I would read the question before I answered? :p

[this8384]

Would it help if I would read the question before I answered? :p

Nah ;)