bit of buyers rights advice please fellas

[v2brett]

hi guys i know there is some knowledgeable people on here so here goes.

my mate who has a few rental properties went to a popular flooring shop to purchase a floor which he needed no later than 4 working days later due to having a tight turn around time on the house, he doesnt do things as cheap as possible because he likes things to last so he spotted the (decent engineered)  floor he wanted and when he enquired to a salesman about purchasing it he was told the 4 days was not possible.
At this exact time the manager of the shop who over hears the above takes over the sale and promises he can have it there in 3 working days by doing a direct delivery from their warehouse.

So 3 days goes by and no floor, chase it up and day 5 is promised and then no floor on day 5 and after that day 6 is promised and still no floor arrives and at this point he decides to cancel the order and get a floor off the shelf as joiners are being paid and tennants need to move in.


Cancellation goes ahead but 2 days later the company phone up and say he cant have the refund due to breaking the contract and not waiting 10 days for the floor and there is no way he can have his money back?

At no point did anyone at the store mention 10 days so were does he stand with this?   he is livid about it and feels like walking in the store and taking stock to the value of,   but knows this is not the right way to go about it.


sorry for the long winded post guys 

[Bane]

In my view,they broke the "contract" first,by not delivering on the agreed timescale.
TBH,it just sounds like the manager was desperate to get the sale and promised the earth,despite the other salesman already advising that the timescale was not possible.
I'd say he was in  the wrong.

[berg]

the verbal contract has not been fulfilled and is frustrated, specific performance has not been carried out. was there a written contract also with t & C mentioning the 10 days? sounds like he might have a case for full refund and can do so through the small claims court - money claims online

[v2brett]

cheers for the advice fellas ill pass it on,   ill check about the written contract terms with him tomorrow.

ill add 1 worrying thing is we work for a company who inform (after the order was placed) us this firm is in serious rent arrears and their future isnt looking too good,  this just adds to the problem if they go bust.

if he paid via credit card can he claim the money back through the card company and is this also possible if they go bankrupt?


thanks again  

[berg]

cheers for the advice fellas ill pass it on,   ill check about the written contract terms with him tomorrow.

ill add 1 worrying thing is we work for a company who inform (after the order was placed) us this firm is in serious rent arrears and their future isnt looking too good,  this just adds to the problem if they go bust.

if he paid via credit card can he claim the money back through the card company and is this also possible if they go bankrupt?


thanks again  

not if they go into administration