No, the store should be able to keep their word. If they screw up, they should fix the problem. I don't see where the customer has any liability here. When Sears makes substitutions, it is always a newer or better model and they made customer happy.
If the store said it had identical features and it did not, the problem is theirs.
What 'word' is that? They told him he was receiving a sub, he said OK.
The store told the buyer he would receive a sub, with identical features. The store delivered something else and therefore failed to honor the contract.
The buyer does not have that promise in writing. But verbal agreements are enforcable. I think the chances are extremely high that a Judge would accept the buyers version of events as originally told here -- it's very reasonable and plausible.
In court (small claims or otherwise) this one's pretty much a slam dunk for the buyer unless HD have some documentary evidence that contradicts the buyers version of the story.
That could be very difficult to prove.
like a signed receipt accepting delivery?
It would be even harder for the store to prove that their employee had NOT told the buyer the features were identical.
In a situation like this, the buyer would not have the burden of absolute proof. Far from it. The buyers "testimony" as posted here would very likely be quite sufficent.
Of course, all bets are off if the buyer has not been truthful and the store can discredit some part of his evidence.
LOL! Haven't spent much time in court have you. Try watching Judge Judy...:)
Is this the one were food service employees have sex behind the counter and she ask; "what happens when the customer comes in"?
-- Oren
"Well, it doesn't happen all the time, but when it happens, it happens constantly."
"Sir, we are going to substitute a washer with fewer features at the same price, is that okay with you?"
CWM
Who said it had fewer features?
The original poster. If yoyu are going to participate in a thread, you really need to keep up with this stuff! LOL
CWM
Want an example. Notice how the most expensive of the three below DOES NOT have a delicate cycle, the two cheaper models do.
Notice how the most expensive of the three above DOES NOT have a delicate cycle, the two cheaper models do.
I would love for the OP to post the model numbers so we can see the differences in the two machines.
Read my next post...:) I would like to see the OP post proof. He could post the model numbers.
wrote
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
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
The OP said the replacement was missing features compared to the original selection.
CWM
"Malcolm Hoar" wrote
And worth the paper they're written on.
Steve
It's a washing machine, for Pete's sake. Wash. Rinse. Spin.
Sounds like a match to me.
Steve
I got hooked on Texas Justice when I was in for eight days for heart surgery. (well, not the first two days in ICU). He's as big a hoot as Judge Judy, and the big black bailiff is a character, too.
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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