Consumer Law, Warranties Exterior French Doors-Down Payment

[dreamlovrs]

Jurisdiction

Washington

I special ordered double exterior French doors in knotty pine. I told them I wanted knotty pine and our signed agreement states "knotty pine". I paid 50% down payment, over $2k, and the doors were ordered. Two mo later the doors arrived and I noticed the sides had matching knots. The installer then informed me the doors were veneer, not solid pine. I had no idea. The door store never mentioned veneer or engineered wood. I refused the doors.

The door store said they'd reorder the doors and assured me the knots would not match. At this point, I just wanted doors since it was nearing winter.

The doors arrived several mo later and again, matching knots. Long story short, they admitted the doors were veneer and that's just the way they come, either take them or leave them. I disputed the charge w/my credit card and lost. I filed a small claims case, and the business countersued for the remaining 50%. We both lost. I'm out $2k and have no doors.

After the hearing, the owner of the door store said he wanted to work with me. I could accept door set 1, door set 2, or mix 1 door from each set to make a new set. He would give me one month to think about it. At the 31st day, I emailed him asking if I could have an extra week. He then informed me door set 2 was already gone and sold, and he had a buyer for door set 1 but I COULD take door set 1 if I wanted them. Door set 1 was not an option, it was the worst of the doors and was a replacement by the manufacturer.

So now the door store has my $2k and sold (and in the process of selling) both doors. Is that allowed? I've already filed with the BBB (yes, I agree, waste of time) and various other review sites. I will also file with the atty general's office, another waste of time I'm sure.

Thoughts? I am having a hard time letting this go. It seems so...wrong.

 

[mightymoose]

They still have your down payment, why not order a new set of doors? Maybe a different brand?
They don't just get to keep the 2k... Unless you let them. There is still a product that is owed and a balance to be paid.

 

[dreamlovrs]

I feel the judge failed on this big time. The judge never told the business that they have to provide doors if I pay the remaining 50%. It was just you two lose, now get out of here (in a sense). Do I take it to Superior Court?

 

[mightymoose]

If your claim was for a refund and their claim was for the additional 50% and you were both denied, that leaves you on the same position you were in to begin with.
Talk with the store about ordering something new and having credit for what you already paid. Your best solution will be worked out between the two of you without courts involved.

 

[zddoodah]

I feel the judge failed on this big time.

I agree.

Do I take it to Superior Court?

You have/had 30 days to appeal:

"The party who files a claim or counterclaim cannot appeal unless the amount claimed exceeds $1,000. . . . If an appeal is taken to the superior court, the appealing party is required to follow the procedures set out in Revised Code of Washington (RCW) 12.36. The following steps must be taken within 30 days of the entry of judgment. . . ."

Thoughts?

Although the judge's ruling may have been in error, it sounds to me like the appeal deadline has passed. If that's the case, then anything the other party is willing to do for you is a gift. Either accept the gift or get over it and move on.

 

[adjusterjack]

It was just you two lose, now get out of here (in a sense).

"In a sense" but not exactly what the judge said and certainly not likely to be what he wrote in the decision he wrote in the case file.

I see it as a win for the contractor (he keeps your $2000 without having to deliver the doors) and a lose for you (you're out $2000 and no doors).

You gave up your right to any appeal because you went past the time limit.

You gave up any option to get the doors by sitting on the contractors offer for two long.

You're done.

By the way, if you are bad mouthing the contractor after the judge ruled in his favor, you could end up on the receiving end of a defamation lawsuit so I suggest you delete any internet rants that are showing the contractor in a bad light.

 

[army judge]

After the hearing, the owner of the door store said he wanted to work with me. I could accept door set 1, door set 2, or mix 1 door from each set to make a new set. He would give me one month to think about it. At the 31st day, I emailed him asking if I could have an extra week. He then informed me door set 2 was already gone and sold, and he had a buyer for door set 1 but I COULD take door set 1 if I wanted them. Door set 1 was not an option, it was the worst of the doors and was a replacement by the manufacturer.

If I were you, I'd talk to the owner and attempt to find a solution.

Talk about other doors that might serve your purposes.

The owner might be amenable to giving you back 50% of the money, if he can't find an alternative product.

I'm sure if you try an agreement can be found.

The bigger lesson here is what I advise all of my clients, stay out of court.
When I'm asked why, I respond, because you won't be happy with the court deciding for you.

Good luck.