SofaMart clowns me, what to do?
 

So help me out here OOT. SofaMart has monumentally clowned me and I need some advice.

Last weekend my wife and I got a great deal on a floor model version of a leather sofa that originally goes for $1300. We paid $630 for it including delivery. We bought it from the "clearance" section of the store. It was being cleared out because it was a floor model and the latest line had different colors. We scheduled delivery of it for today.

So today of course the sofa doesn't arrive. I call them up to see what happened. The told me that they forgot to put the SOLD tags on the sofa when we bought it, and have re-sold and delivered the sofa to someone else. All they offered me was a lousy $200 credit and free delivery towards another sofa. I told them I wanted them to send me a current model of the sofa. They said they couldn't do that since all I had was a credit for $830 and the new model costs $1300.

I can cancel the order and get a refund, but screw that. I want the damn sofa and I want to make them pay for screwing up. Any tips on getting satisfaction? Call the local news "troubleshooter" guy? Better business burea? State attorney general?

Re: SofaMart clowns me, what to do?
 

are you serious? someone made a mistake. get a life, and find a new couch.

Re: SofaMart clowns me, what to do?
 

http://www.commondreams.org/headline...es/0419-01.jpg

Re: SofaMart clowns me, what to do?
 

I believe their offer of a $200 credit is them paying for screwing up? You're so off on this being an issue for the attorney general or the local news. IMO giving you that credit is more than most of these places would offer in the same situation.

Re: SofaMart clowns me, what to do?
 

$200 is pretty generous IMO.

Re: SofaMart clowns me, what to do?
 

Only thing you can do is talk to a manager/ district manager. They might be able to put you on a list so that they call you when another floor model becomes avail. Just be nice. When it comes to stuff like this you really do catch more bees with honey.

Re: SofaMart clowns me, what to do?
 

Also, as a general rule, dont expect anything much from a place with the word "mart" in its name. I mean, would you buy a nice car from a place called Ferrari-Mart?

Re: SofaMart clowns me, what to do?
 

Wow, they gave you $200 more than most places would. This sucks, they made a mistake, but they were overly generous (32% credit!).

Re: SofaMart clowns me, what to do?
 

OK I've calmed down a bit. The thing is, I'm just not too impressed about a $200 credit. The list price for the floor model we got screwed on was $700. My wife and I negotiated them down to $630 plus delivery, and this was already a clearance item. I think we could negotiate $200 off their regular merchandise anyways. Thats chump change for their regular priced sofas, which start in the $1100s.

This wasn't some small mistake, like they were two hours late on delivery, or they scratched up a cushion or something. We spent all day sofa shopping, found the one we loved, worked another hour on getting the price we could afford, and now, today, on delivery day, I find out even though we bought it, its not ours and it ain't coming.

I get to watch my evening TV tonight in my collapsing folding camping chair and not my Italian leather reclining sofa.

Re: SofaMart clowns me, what to do?
 

Did you really find the sofa you loved? I mean, it's the [censored] clearance rack, and you negotiatied it DOWN from $700. Can't you just go back and find some other piece of [censored] in the clearance area?

Re: SofaMart clowns me, what to do?
 

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Did you really find the sofa you loved? I mean, it's the [censored] clearance rack, and you negotiatied it DOWN from $700. Can't you just go back and find some other piece of [censored] in the clearance area?

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Dude, he's currently sitting on camping chair! A $50 lime green, 1970's, LazyBoy would be a step up....

Re: SofaMart clowns me, what to do?
 

Wtf, you had a contract. They have to deliver you the goods that you paid for, it doesn't matter if they [censored] up.

Re: SofaMart clowns me, what to do?
 

should have gone to sofa king.
http://www.aquateencentral.com/image...itchDoctor.jpg

Re: SofaMart clowns me, what to do?
 

[ QUOTE ]
Wtf, you had a contract. They have to deliver you the goods that you paid for, it doesn't matter if they [censored] up.

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Now that's what I'm talking about. I made what I thought was a reasonable request when they informed me of the error, which was for them to send us out the new, non-clearance version of the sofa. (I was calm and polite too believe it or not) They claimed they couldn't do that because of the price difference. Yeah, its a big price difference, but tough titties, they screwed up. The credit we have with them now and their measly $200 isn't going to be able to get a us anything comparable to what we bought.

Re: SofaMart clowns me, what to do?
 

You could always sue or threaten to sue in small claims court.

Re: SofaMart clowns me, what to do?
 

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are you serious? someone made a mistake. get a life, and find a new couch.

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I think the man has a beef. The Sofa place didn't deliver and now they are trying to weasle out of it by throwing the good consumer a bone. What are you.. some sorta pansy who just lets companies dick him around? I bet they love you.

Re: SofaMart clowns me, what to do?
 

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are you serious? someone made a mistake. get a life, and find a new couch.

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Re: SofaMart clowns me, what to do?
 

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You could always sue or threaten to sue in small claims court.

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you could but they'll tell you to bring it on because they know you have no case. i'm sure whatever he signed allowed for them to make this kind of mistake without them being liable for anything more than refunding his money

Re: SofaMart clowns me, what to do?
 

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You could always sue or threaten to sue in small claims court.

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you could but they'll tell you to bring it on because they know you have no case. i'm sure whatever he signed allowed for them to make this kind of mistake without them being liable for anything more than refunding his money

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Too bad they breached that contract.

Re: SofaMart clowns me, what to do?
 

I can't believe I read this.

Re: SofaMart clowns me, what to do?
 

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You could always sue or threaten to sue in small claims court.

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you could but they'll tell you to bring it on because they know you have no case. i'm sure whatever he signed allowed for them to make this kind of mistake without them being liable for anything more than refunding his money

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Too bad they breached that contract.

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i love people with your attitude.

by love I mean hate.

Seriously, he's not technically OUT anything, they didn't deliver the couch in beat up condition, he just gets his money back and is back where he started.

Quit with your sense if entitlement.

Re: SofaMart clowns me, what to do?
 

He's "technically" out the 1 couch that he bought.

Re: SofaMart clowns me, what to do?
 

tell them you'll pay $1000 for the new sofa and you want an extended warranty

Re: SofaMart clowns me, what to do?
 

[ QUOTE ]
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You could always sue or threaten to sue in small claims court.

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you could but they'll tell you to bring it on because they know you have no case. i'm sure whatever he signed allowed for them to make this kind of mistake without them being liable for anything more than refunding his money

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Too bad they breached that contract.

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are you retarded? he said they offered to refund his money.

Re: SofaMart clowns me, what to do?
 

Too bad that's not how contract law works.

Re: SofaMart clowns me, what to do?
 

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Too bad that's not how contract law works.

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why don't you elaborate

Re: SofaMart clowns me, what to do?
 

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Seriously, he's not technically OUT anything, they didn't deliver the couch in beat up condition, he just gets his money back and is back where he started.

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This is wrong, though. He traded in his $630 for a sofa he valued more. At that point they owe him a sofa. When they give him back the money, they are giving him something less valuable (to him) than what they owe, so it's not just a wash. The really important question is: Does he value the $200 credit MORE than the amount by which he valued the sofa more than the cash? If so, he ends up ahead. If not, he ends up behind.

Re: SofaMart clowns me, what to do?
 

As long as he gets his money back they can breach the contract all day long.

Re: SofaMart clowns me, what to do?
 

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tell them you'll pay $1000 for the new sofa and you want an extended warranty

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lol, wtf are you doing to your couch?

Re: SofaMart clowns me, what to do?
 

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As long as he gets his money back they can breach the contract all day long.

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yeah i'd bet with like almost 100% certainty that whatever he singed says that they're responsible for delivering the product, offering a full refund or maybe offering him a replacement of their choice of equal or greater value.

Re: SofaMart clowns me, what to do?
 

what the value is to him personally means jack [censored] to a court.

Re: SofaMart clowns me, what to do?
 

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Too bad that's not how contract law works.

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why don't you elaborate

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Sofa mart is in the business of selling sofas, so they are a merchant. The sofa was movable at the time of sale so it is a good.

Merchants selling goods are governed by the Uniform Commercial Code.

Under the UCC when a seller breaches a contract for the sale of goods, the buyer has a right to demand specific performance of the contract: delivery of the good.

This is basic 1L law right here.

Re: SofaMart clowns me, what to do?
 

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what the value is to him personally means jack [censored] to a court.

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It depends. If the contract says they have to give him the sofa, and can't just give him the money back, then it matters that he values the sofa more.

Re: SofaMart clowns me, what to do?
 

Why all the hate? I consider myself and my wife out quite a bit. First of all, the couch we bought was in great shape, it just had the "old" year color. We spent all fing day shopping for the perfect couch and when we found it, we spent another hour getting the price we could afford. Sure I can get my money back, and then I get the pleasure of wasting another entire day with the wife looking for something we can settle with and afford. Another thing, once we bought the new couch, I gave away my old one. So I'm out two couches, like I said, I got camping chairs now.

Its not like I asked the place to send me a free sofa every six months for life to atone for their sins. I just asked em to send me what I bought. If they don't have any more clearance models, tough, send me the current model year. Their denial of this reasonable request is what aint right.

Just read some more of the posts, I definitely value the sofa more than the $200 credit. It was a nice piece. They are trying to make my pay over $500 more for the same damn couch. (ya ya in this years "color" whoop de doo)

Re: SofaMart clowns me, what to do?
 

wow to some people in this thread. You purchased an item, the store can not deliver it. They have to either give you something to match it or refund your cash. Since everything else is more expensive then what you got they will just give you back your cash. You can go to the BBB but my guess is they will answer something like this:

BBB:"So you didn't you get your couch"
you: "no"
BBB: "Did they refund your money"
you: "they are willing to plus give me 200 off and free shipping if I buy from there again"
BBB: *long pause*
BBB: "Go get another couch them dummy"

It sucks, I feel you on wanting it but unless you can prove they are "ripping you off" then your SOL on trying to actually get a better couch then what you were suppose to.

Re: SofaMart clowns me, what to do?
 

You're an idiot.

Re: SofaMart clowns me, what to do?
 

JackinDaCrack seems like an angle shooter to me, you are probably the kind of person that would see a misentered price and try to order 10 ipods for $10 each, as we all wood, but then you would be the guy that tries to 'take them to small claims court' when you don't get them.

Seriously, get overyourself.

OP came very close to getting a very good deal on something he wanted, but now all he has is the same amount of money that he had going in.

Re: SofaMart clowns me, what to do?
 

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JackinDaCrack seems like a retard to me

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Re: SofaMart clowns me, what to do?
 

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Too bad that's not how contract law works.

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why don't you elaborate

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Sofa mart is in the business of selling sofas, so they are a merchant. The sofa was movable at the time of sale so it is a good.

Merchants selling goods are governed by the Uniform Commercial Code.

Under the UCC when a seller breaches a contract for the sale of goods, the buyer has a right to demand specific performance of the contract: delivery of the good.

This is basic 1L law right here.

[/ QUOTE ]

so you never return anything back to the store, becuase it doesnt fit, or isnt the right color?

Re: SofaMart clowns me, what to do?
 

yeah i mean it sucks that you ended up not getting the couch and you have a right to be pissed about it. I don't think you have much of a LEGAL right to be compensated for it though. It seems to me the company has gone above and beyond by offering you $200 credit in their store. You could get yourself a nice lamp or even maybe an end-table to go next to your folding camping chair.