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  #31  
Old 08-28-2007, 04:54 PM
Bostaevski Bostaevski is offline
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Join Date: Nov 2005
Posts: 352
Default Re: SofaMart clowns me, what to do?

what the value is to him personally means jack [censored] to a court.
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  #32  
Old 08-28-2007, 04:59 PM
JackInDaCrak JackInDaCrak is offline
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Join Date: Dec 2006
Posts: 688
Default Re: SofaMart clowns me, what to do?

[ QUOTE ]
[ QUOTE ]
Too bad that's not how contract law works.

[/ QUOTE ]

why don't you elaborate

[/ QUOTE ]


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.
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  #33  
Old 08-28-2007, 04:59 PM
mosdef mosdef is offline
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Join Date: Jan 2005
Location: Toronto
Posts: 3,414
Default Re: SofaMart clowns me, what to do?

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

[/ QUOTE ]

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.
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  #34  
Old 08-28-2007, 05:04 PM
kskillz kskillz is offline
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Join Date: Jul 2004
Posts: 32
Default 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)
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  #35  
Old 08-28-2007, 05:07 PM
mrkilla mrkilla is offline
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Join Date: Oct 2004
Location: Tombstone
Posts: 4,307
Default 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.
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  #36  
Old 08-28-2007, 05:13 PM
Perplexity Perplexity is offline
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Join Date: Jul 2006
Posts: 806
Default Re: SofaMart clowns me, what to do?

You're an idiot.
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  #37  
Old 08-28-2007, 05:14 PM
blinden84 blinden84 is offline
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Join Date: Apr 2005
Location: Junko a Wino
Posts: 2,138
Default 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.
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  #38  
Old 08-28-2007, 05:20 PM
edfurlong edfurlong is offline
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Join Date: Feb 2004
Location: Stabbing your probiscus
Posts: 13,711
Default Re: SofaMart clowns me, what to do?

[ QUOTE ]
JackinDaCrack seems like a retard to me

[/ QUOTE ]
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  #39  
Old 08-28-2007, 05:23 PM
guids guids is offline
Senior Member
 
Join Date: Oct 2005
Posts: 12,908
Default Re: SofaMart clowns me, what to do?

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Too bad that's not how contract law works.

[/ QUOTE ]

why don't you elaborate

[/ QUOTE ]


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?
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  #40  
Old 08-28-2007, 05:26 PM
Bostaevski Bostaevski is offline
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Join Date: Nov 2005
Posts: 352
Default 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.
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