do not shop home depot

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For the purposes of discussion here, I propose that we are talking apples and oranges. Yes, oral contracts are binding and enforceable, but probably only when witnesses are present. Other than that, it's one person's word against the other. And yes, we do make oral contracts all the time, a "gentleman's agreement" sealed with a handshake. Time once was when you could stake your life on the deal made, but times have changed, and people have changed. Taking someone to court or suing someone over an oral agreement made between two people would be something I don't believe would have high success rate.
Steve
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wrote:

And that contradicts the buyers version of the story, how?
The OP said that right up front.
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Not enough.
See http://www.law.cornell.edu/ucc/search/display.html?terms=substitute&url=/ucc/2/article2.htm#s2-608
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And worth the paper they're written on.
Steve
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Boy could you ever get yourself in a pickle easily. Oral agreements are very often found as enforceable as written contracts.
CWM
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wrote

What planet are you from? On this one, paper ones are very difficult to enforce.
Steve
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wrote:

They ARE just as enforceable, but they are harder to prove. Once proven, the difficulty of proving them is no longer an issue, unless the losing party can argue that as a matter of law, there is no contract. Matters of fact are not reviewable once the trial court has decided something, whether by judge or jury.
The exception is contracts for the purchase of land (and maybe other acts regarding land, I forget). They MUST be in writing. If interested, look up the Statute of Frauds.

He didn't say easy to enforce. He said just as enforceable. Court judgements against corporations with a fixed location and tangible assets are very easy to enforce. You tell the marshall to go and sieze something that the marshall can sell for more money that the other party owes you, and that's what he will do. Like he might take power tools whose value is two or three times the judgement plus the marshall's fee. The marshall has some way to sell this stuff and recoup themoney. Or HD pays the judgment and marshall's fees and gets its power tools back. If it is a bigger judgment they would take one of the HD rent-a-trucks.
But it doesn't come to that, because normal companies know what is coming next, and they pay in cash when they lose in court and have no basis to appeal.

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wrote:

Oh, that's silly. I deal with thousands of contracts per year in business and at home. Most work out fine. Issues and even disputes arise from time to time but those are generally resolved very quickly.
Yes, there may be more shady characters out there than you or I would like. But most of the time, contracts, even verbal ones, work and are enforcable.
Interestingly, in this case, Home Depot appear to have diverged from their own written policies and (in my experience) their customary behavior. Perhaps the OP did not tell the whole/true story but it's just as likely that a poorly trained, minimal wage employee screwed up. In the latter case, it is clearly Home Depot's responsibility.
Of course, all bets are off if this purchase was a special sale item sold on a receipt clearly endorsed with something to the effect of "no returns".
If the OP has fairly represented the details of this transaction, he will most likely prevail in, say, small claims court. A courteous conversation with the local store manager may resolve the issue even faster.
One thing I would do in his situation is to ask for a written copy of the store's returns policy -- there is a rather poorly written one on www.homedepot.com. Follow the link Customer Service | Return Policy which does appear to address (rather poorly) the in-store policy as well as the on-line policy.
If the OP has misrepresented the facts, there's little point in all of us pontificating on what might have happened.
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wrote in message

Were this a continual time line, I would agree with you. But the "customer" said, "I want it. Wait, I don't want it. Wait, again, I DO want it." How much time passed between the original order and delivery? Even if it was only days, things change. Items get sold out. They change model years. Lots of things.
What do you do when you want a hamburger? Order it, cancel it, leave, come back, want your hamburger, and bitch because it's cold?
Steve
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DING, DING, DING! Hold your phone calls, folks, we have a winner!
The customer could have done several things differently, but for some unstated reason did not choose to do so.
Steve
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Sears used to do some substituting, but it was always a better model. I got benefit of that twice. If they went the other way, I'd never buy from that store again.
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what do you wash that is so delicate?
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Don't ask such stupid questions. Clothes from the Marv Albert Collection you silly goose :-)
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If you have to ask the question, you would never understand the answer.
Steve
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Barney wrote:

Not exactly the point.
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Buyer beware, huh? You bought it, you cancelled it, you bought it again later. You took delivery without inspection.
Sounds to me like you were cautious.
Yeah, right.
Steve
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So you going to sit down and read the manual while the delivery guys wait for an hour for you to make sure it does the same functions? All the while they are telling you it does the same thing? I doubt it. Again, the store should NEVER substitute before asking. B
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I NEVER BUY APPLIANCES FROM HOME DEPOT THEIR DELIVERY SYSTEM CONTRACTED OUT SUCKS!
Call corporate and complain some more, they should of gotten permission to substitute, beyond which the person waiting for delivery may not have known about the changes or had been empowered to accept a substitution.
Lowes is much nicer to deal with for appliances and delivered stuff.
I bought a fridge at home depot they couldnt give me a dlivery window anytime from 7 am to 7pm or later if were running late. Didnt call me, I was close by theyjust left fridge on porch
Store manager had promised a call!
If someone did that to me again I would say no signature come get it, contesting credit card charge!
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wrote:

When I bought a washer and dryer last year, I specifically chose a smaller appliance store that had been here a long time. That was definitely NOT Home Depot. This place (Western Auto) has salespeople who actually knew about washers and dryers.
BTW, that did matter when the dryer quit heating 5 weeks later. They sent someone out that day.
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Mark Lloyd
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