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Small claims over product delivery issue

Location: Arizona

I am wondering if I would have a shot at a small claims case?

The company Living Spaces, at a store in person in state, sold me a custom order couch in November of 2025 for around $2500 after tax and shipping. The couch showed up on time but was damaged. It was a custom order, which is important, and it arrived with a dime-quarter sized hole in the fabric on the back exposing the internal white stuffing material. The delivery man noted it, we took pictures of it, and he filed it in the system. We asked him if he can take it back and replace it right then and he said no. We asked why and he said he cant but didnt give any details on what that means or why and told us wed get a call and he left. We got a call from a manager who said they would help us out and send a technician.

What it turns out is that the delivery man was from another company they outsource their deliveries to. They then also outsourced a technician to come inspect the damaged product. One month later he finally gets scheduled and shows up, but with completely incorrect information thinking its a stain and proceeds to say he cant help and leaves, wasting my time and PTO. I took off work to deal with it because they let you pick a day and give you a window of time. So I got stuck waiting for him. He basically walked in, says huh thats not a stain, then takes some pictures, sends it to his boss, then leaves. I ask him before he goes what happens next and he says well get a call.

So we repeat the cycle, we get the phone call, a month passes, and this time the technician shows up actually knowing its a hole and says huh yeah we cant fix, we will exchange it. Cool, awesome, no issues. When? Well its a custom order so it could take a bit. Ok thats fine. So we wait.

Another month, almost two passes and were now here today. The delivery driver has the new couch. He shows up to swap it out and takes one look at our couch and tells us there is too much cat hair. He takes a picture of the hair and walks out to his truck. He comes back in five minutes later and tells us his boss is declining the replacement unless we get the couch cleaned. I ask to talk to a manager who informs me that per their guidelines upon purchase exchanges and returns can be rejected if the product is not in original condition. I tried debating it and talking to their manager about it, even mentioning that they didnt take it back when we asked them to. She said its their policy to not take back custom orders in case they can repair them in the customers house, so they refused.

I am wondering, since they knew I had cats and they refused to take the couch on day one, if they by law are in violation of the agreement and are liable for the cleaning and replacement? Do I have a case in small claims court for requesting the couch to be replaced without me paying for a cleaning? They sent me a damaged product, refused to take it straight back, knowingly left it in the house with cats, and then dragged their feet for nearly five months refusing to deal with the issue without be banging their door down. Now they want me to pay for a cleaning when its their fault it was damaged and now covered in cat hair because they refused to take it back. Am I just screwed? I dont wanna pay a lawyer $150 to be told, that sucks.

submitted by /u/DerangedGarfield
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