Consumer Law, Warranties Installed Carpet Is Different From Sample

[Okie Girl]

Jurisdiction

Oklahoma

I ordered carpet from a large independent carpet store. I did not sign any paperwork, they did not collect a deposit, and I have not paid them anything yet. The installed carpet does not look like the sample, and the store has stated that my carpet is defective. The carpet mill has agreed to replace the carpet at no additional charge, and the store has agreed to pay for the new installation. The problem is that I have tried to select a different carpet from that carpet mill, but they absolutely do not have anything that I like. The store will not allow me to select new carpet from a different manufacturer because the store would have to pay for that. I have asked the store to remove the defective carpet from my home and cancel the charge so that I can go elsewhere, but they have refused. The only option that the store has given me is to select replacement carpet from the same mill and pay the existing bill. This option is not acceptable to me. Can the store require me to accept their one option and pay the bill?

 

[army judge]

. Can the store require me to accept their one option and pay the bill?

According to you, the store has done EXACTLY what you described.

If you dislike the option you've been given, you'll have to take the matter to small claims court.

If you do, your biggest barrier will be is you lack proof, because you weren't given a written contract.

It might be easier to take another look at your choices and see if something satisfies you, otherwise you'll have to go to court which doesn't mean you'll obtain what you desire there either!

 

[adjusterjack]

Can the store require me to accept their one option and pay the bill?

Yes.

And, frankly, I think you are in a weak bargaining position. You should have compared the sample to the carpet before they even took it off the truck. Then you could have turned them away and had a lot more leverage.

 

[Okie Girl]

Yes.

And, frankly, I think you are in a weak bargaining position. You should have compared the sample to the carpet before they even took it off the truck. Then you could have turned them away and had a lot more leverage.

I called the store as soon as the carpet was unrolled at my house, told them that there was a problem, and told them not to install it. They immediately sent a representative to my house, and he said that the carpet was defective. It was several days before Christmas, and my house was unlivable in that condition. The store said that they would install the carpet and deal with the problem the following week, which they did.

 

[adjusterjack]

The store said that they would install the carpet and deal with the problem the following week, which they did.

In other words YOU allowed the carpet to be installed instead of saying NO, DON'T INSTALL IT, TAKE IT AWAY.

Sorry, but whatever your reasoning behind that unwise move, you gave the store the power over you that it would not have had if you had refused installation.

I think you'd better select a replacement carpet from the options that the store has given you. Otherwise, all the store person has to do is say "No" and stick you with the bill. And that doesn't end well.

 

[mightymoose]

Why not select the exact same carpet but ensure there is nothing wrong with it next time?

 

[Okie Girl]

Why not select the exact same carpet but ensure there is nothing wrong with it next time?

The carpet that I ordered has a serious flaw in the design that was not visible on the large sample. The store agrees that the design of the carpet is flawed, and they have removed the carpet sample from their showroom. Another piece of the same carpet would have the same flaw. After I got the carpet, I did not like the quality, and all of the carpet from this company is of the same poor quality. I would prefer to pay more money and purchase better carpet.

 

[mightymoose]

Ok... So it wasn't defective, just different than expected.
I agree with the above. When you allowed them to install the carpet you lost your leverage.
If you can't resolve this amicably with the store it will eventually be settled in court.

You haven't paid them yet so it is in their interest to work with you.
Keep trying to negotiate a discount of one of the better brands that you like.

 

[mightymoose]

Another option.
If you find carpet from another store they would gladly remove the existing carpet to install their own.
You could have them roll it up carefully and store or it in your garage until the original store comes to reclaim it.
If there are no contracts involved here then you could have room to wiggle away from this. Give the original store opportunity to remove the carpet before someone else does it for them... And do it in writing with a clear deadline.

 

[Okie Girl]

Ok... So it wasn't defective, just different than expected.
I agree with the above. When you allowed them to install the carpet you lost your leverage.
If you can't resolve this amicably with the store it will eventually be settled in court.

You haven't paid them yet so it is in their interest to work with you.
Keep trying to negotiate a discount of one of the better brands that you like.

Thank-you for the replies. I appreciate everyone's input.

 

[ElleMD]

A number of years ago, when my parents were building their current house, the carpet store legitimately ordered the wrong color (names were similar, colors were not). Unfortunately this was not discovered until my mom stopped by the construction site on her way home from work, and a they had cut all the carpet and were laying it in the last of the bedrooms. 4000+ square feet of the wrong carpet. In that case, the mistake was theirs and there was a contract, so the carpet was replaced with the correct color- and the store had a heckuva remnant sale. In your case, I can't imagine having carpet installed without something in writing first, and it sounds like less of a manufacturer defect and more like buyer's remorse. "Defect" would be something like the wrong color from what was selected, or the carpet fibers being melted or something like that. "Didn't notice the pattern on the small sample" would not be and it sounds like the carpet company is being quite generous in allowing you to select something else from the same manufacturer. You are welcome to walk away, but I would expect to be on the hook for the carpet you agreed to have installed.

 

[Okie Girl]

A number of years ago, when my parents were building their current house, the carpet store legitimately ordered the wrong color (names were similar, colors were not). Unfortunately this was not discovered until my mom stopped by the construction site on her way home from work, and a they had cut all the carpet and were laying it in the last of the bedrooms. 4000+ square feet of the wrong carpet. In that case, the mistake was theirs and there was a contract, so the carpet was replaced with the correct color- and the store had a heckuva remnant sale. In your case, I can't imagine having carpet installed without something in writing first, and it sounds like less of a manufacturer defect and more like buyer's remorse. "Defect" would be something like the wrong color from what was selected, or the carpet fibers being melted or something like that. "Didn't notice the pattern on the small sample" would not be and it sounds like the carpet company is being quite generous in allowing you to select something else from the same manufacturer. You are welcome to walk away, but I would expect to be on the hook for the carpet you agreed to have installed.

I appreciate everyone's thoughtful answers, and I would like to clarify some of your points. The reason that the carpet was installed with nothing in writing and no deposit was that I have done business successfully with this store for 35 years and have referred many of my real estate clients to them. There was a mutual trust, so I was treated differently than someone that they did not know. The sample was large and has a linear pattern of textured straight lines running through it; all of the photos show straight lines. The lines in the installed carpet run at a serious angle, making it appear that the carpet is either crooked or was installed crooked. Whether you want to call it a flaw, a defect, or blame it on me as buyer's remorse, the STORE has always stated that the carpet is defective and is handling it the same as if the carpet were melted, torn, or otherwise damaged. The pattern is so cockeyed and different from the sample that the store considers this to be a defect in the pattern.

The store filed a claim with the manufacturer for defective carpet. The store is paying nothing toward the replacement carpet; the manufacturer is providing that. The store has been trying to get the manufacturer to also pay for the new installation, but the store will pay for the installation if the manufacturer does not. The store will not allow me to select carpet from a different manufacturer, because then the store would have to pay for it.

I do not want different carpet from this manufacturer. I think that a problem is that I have been talking to the claims representative rather than the decision maker at the store. I called today and made an appointment to visit with the decision maker in person on Friday. I will do my best to reach an agreement that we both can live with.