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What are my refund rights regarding a pending furniture delivery?

Boca Raton, FL |

My wife and I purchased a reclining sofa, love seat and easy chair on Saturday, April 27 and before we made the purchase, we asked our salesperson what the cost would be for an extended warranty because we had a bad experience with a prior furniture purchase years earlier with another store and were glad we purchased a warranty. Our salesperson told us the furniture comes with a 3-year warranty. When I reviewed the paperwork this afternoon, on the back of the sales order there was a faintly printed Terms And Conditions of Sale that stated the warranty was for one year and the refund policy was 48 hours from the time of purchase. It's been more than 48 hours since the sale was made. I called the store 2 hours ago to talk to a manager and I'm still waiting. What are my rights?

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Attorney answers 1


Generally there's no 3 day "cooling off" period, or right of "rescission" (cancellation) unless the contract at issue is a mortgage, or a home improvement contract, or a door-to-door sale, or unless the contract itself says so. Here it sounds like your contract only gave 48 hours to cancel and get a refund, which could be 48 hours more than some sales.

If the manager hasn't gotten back to you yet, I'd make an appearance at the store, find the salesperson who misinformed you about the 3 year warranty, and have a face-to-face talk with the manager. You don't have as strong a position as they do, but it'll be harder for them to say no to you if you confront them in person. Also you could remind them that word of mouth is very valuable these days, and your use of social media sites and review sites could be very helpful to them, if they're understanding and cooperative with you.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.



Pamela, Thank you for your excellent and helpful response. Within hours of sending my email to Avvo I received a call from the manager and he confirmed that I do have a three-year warranty as the result of my payment for a leather protection plan which was shown as a line item

Pamela Koslyn

Pamela Koslyn


Glad it turned out well for you.



Pamela, Sorry my message went out prematurely. Thanks again for your helpful response. I will certainly keep you in mind if I'm in need of legal services. Best regards, Jerry Bollt

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