Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
You ordered a $3,000 sectional that arrived damaged, or your furniture never showed up despite waiting months—these scenarios are frustratingly common in the furniture industry. The FTC's consumer protection resources can help you understand your rights. Whether you're dealing with major retailers like Ashley Furniture, Wayfair, and Rooms To Go, or smaller local stores, you have legal rights under the Uniform Commercial Code (UCC) and state consumer protection laws. This comprehensive guide explains how to document damage, calculate your damages, pursue refunds, and use demand letters and small claims court to get fair compensation.
Industry Reality: Furniture delivery complaints are among the top consumer grievances. The BBB receives thousands of complaints annually against furniture retailers, with damage during delivery and non-delivery being the most common issues.
Common Furniture Delivery Problems
Delivery Damage
- Visible damage: Scratches, dents, tears, stains discovered at delivery
- Hidden damage: Structural issues discovered after delivery crew leaves
- Assembly damage: Damage caused during in-home assembly by delivery team
- Property damage: Walls, floors, doors damaged during delivery process
- Incomplete delivery: Missing parts, pieces, or components
Non-Delivery Issues
- Extended delays: Weeks or months past promised delivery date
- Order never arrives: Complete failure to deliver
- Wrong item delivered: Different product than ordered
- Canceled without notice: Order canceled without customer consent
- Backorder indefinitely: Item perpetually "on backorder"
Quality and Defect Issues
- Manufacturing defects: Poor construction, weak joints, crooked frames
- Material issues: Peeling leather, pilling fabric, chipping finish
- Not as described: Color, size, or material differs from listing
- Comfort problems: Mattresses or cushions that sag quickly
Your Legal Rights Under the UCC
The Uniform Commercial Code (Article 2) governs the sale of goods in all 50 states and provides strong consumer protections:
Right to Inspect and Reject
- Inspection right (UCC § 2-513): You have the right to inspect goods before accepting them
- Rejection right (UCC § 2-601): If goods don't conform to the contract, you can reject them
- Reasonable time: You must reject within a reasonable time after delivery
- Notification: You must notify the seller of rejection and the specific defects
Right to Revoke Acceptance
Even after accepting delivery, UCC § 2-608 allows you to revoke acceptance if:
- You accepted based on reasonable assumption defects would be cured
- You accepted without discovery of defects, and this was reasonably induced by difficulty of discovery
- You accepted without knowledge of defects, and acceptance was reasonably induced by seller's assurances
Available Remedies
- Full refund (UCC § 2-711): If you properly reject or revoke acceptance
- Cover damages (UCC § 2-712): Buy replacement furniture and recover the price difference
- Market price damages (UCC § 2-713): Difference between contract price and market price
- Incidental damages (UCC § 2-715): Expenses incurred due to the breach
- Consequential damages: Foreseeable losses caused by the breach
Time is Critical: You must act within a "reasonable time" to reject furniture or revoke acceptance. For visible defects, this typically means at delivery or within days. For hidden defects, you have more time but should still act promptly upon discovery.
Documenting Delivery Damage
Proper documentation is essential for successful claims:
At Time of Delivery
- Inspect before signing: Check all surfaces, joints, and components
- Note damage on delivery receipt: Write specific descriptions ("6-inch scratch on left arm") before signing
- Take timestamped photos: Multiple angles, close-ups of damage, wide shots for context
- Video the unboxing: Record the unpacking process to prove condition at arrival
- Keep all packaging: Boxes, styrofoam, and padding may be needed for returns
If Damage Discovered Later
- Document immediately: Photos, videos, detailed written description
- Stop using the item: Continued use may waive your rejection rights
- Notify seller in writing: Email or letter describing the defect within 24-48 hours
- Request inspection: Ask the company to send someone to inspect
- Keep the item safe: You have a duty to protect rejected goods
Major Retailer Policies
| Retailer | Damage Report Window | Return Policy |
|---|---|---|
| Ashley Furniture | 72 hours for damage | No returns on delivered furniture (exchanges only) |
| Wayfair | 30 days | 30-day return, original condition |
| Rooms To Go | 24 hours for damage | No returns, exchanges within 48 hours |
| IKEA | 365 days | 365-day return, unused/opened |
| West Elm | 7 days | 30-day return, 15% restocking fee |
| Crate & Barrel | 3 days | 30 days, 10% restocking fee possible |
Store Policy vs. Legal Rights: Retailers' policies don't override your legal rights under the UCC. Even if a store says "no returns," you can still reject defective merchandise under the law.
Step-by-Step Resolution Process
Step 1: Document and Report Immediately
- Take photos and videos of all damage
- Call customer service and create a case/ticket number
- Follow up immediately with email documentation
- State specifically what resolution you want (refund, replacement, repair)
Step 2: Escalate Within the Company
- If initial rep can't help, ask for supervisor or manager
- Contact corporate customer service (not just store level)
- Use social media—public complaints often get faster responses
- Reference your order details and prior communications
Step 3: Send a Formal Demand Letter
Your demand letter should include:
- Order details (date, order number, items, amount paid)
- Description of the problem with photos attached
- Timeline of your attempts to resolve
- Legal basis (UCC rejection rights, state consumer protection law)
- Specific demand (full refund, replacement, specific dollar amount)
- Deadline (typically 10-14 days)
- Statement that you'll pursue legal action if not resolved
Step 4: Credit Card Chargeback
If you paid by credit card:
- Dispute for "merchandise not as described" or "merchandise not received"
- You have 60 days from the statement date
- Provide documentation of defects and communication with seller
- For large purchases, this is often the most effective remedy
Step 5: File Complaints
- Better Business Bureau: bbb.org
- State Attorney General: Consumer protection division
- FTC: reportfraud.ftc.gov
- Consumer reviews: Google, Yelp to warn other consumers
Step 6: Small Claims Court
For claims within your state's limit:
| State | Small Claims Limit | Filing Fee |
|---|---|---|
| California | $12,500 | $30-$75 |
| Texas | $20,000 | $50-$100 |
| Florida | $8,000 | $55-$300 |
| New York | $10,000 | $15-$20 |
Calculating Your Damages
Direct Damages
- Full refund: If you reject the furniture or revoke acceptance
- Repair cost: If you keep damaged furniture and have it repaired
- Replacement cost: If you need to buy equivalent furniture elsewhere
- Diminished value: If repaired furniture is worth less than undamaged
Incidental Damages
- Rental furniture costs while waiting for replacement
- Storage fees for old furniture you couldn't dispose of
- Delivery charges for replacement purchase
- Time off work to wait for deliveries
Property Damage
- Wall repair from delivery crew damage
- Floor refinishing or carpet cleaning
- Door frame or fixture replacement
Frequently Asked Questions
The furniture arrived damaged but the delivery guys said I had to sign. What now?
You should have noted the damage on the delivery slip before signing, but if you didn't, you still have rights. Document the damage immediately with photos and video. Contact the company within 24 hours (ideally sooner). Under UCC § 2-608, you can revoke acceptance for defects that weren't discoverable at delivery. Most companies have policies allowing damage reports within 24-72 hours.
The store says "all sales final" on furniture. Can I still get a refund?
For defective merchandise, yes. Store policies cannot override your UCC rights to reject non-conforming goods. "All sales final" applies to returns for buyer's remorse, not to defective products. If the furniture doesn't match what was advertised or has manufacturing defects, you can reject it regardless of store policy.
My furniture order is months late. Can I cancel and get a refund?
Yes. Under UCC § 2-711, if the seller fails to deliver within a reasonable time (or the agreed time), you can cancel the order and demand a full refund. Send written notice that you're canceling due to non-delivery and demand immediate refund. If they refuse, do a credit card chargeback for "merchandise not received."
The delivery crew damaged my walls. Who is responsible?
The furniture company is responsible for damage caused by their employees or contractors during delivery. Document the damage immediately, get a repair estimate, and demand compensation. If they refuse, include it in your small claims case or do a chargeback if you haven't accepted the furniture.
Can I keep the damaged furniture and get a partial refund?
Yes, if the company agrees. Many retailers offer partial refunds (10-30% off) for minor damage. Get any agreement in writing. You should calculate whether the discount adequately compensates for the damage—consider repair costs and diminished resale value.
The furniture looked fine at delivery but fell apart within weeks. Do I have rights?
Yes. Under UCC § 2-608, you can revoke acceptance if you accepted goods without discovering defects that a reasonable inspection wouldn't have revealed. Manufacturing defects that appear soon after delivery are covered. Document the failure, notify the seller immediately, and demand repair, replacement, or refund.
Key Resources
- Uniform Commercial Code Article 2: Your state's version of the UCC
- FTC Complaint: reportfraud.ftc.gov
- BBB Complaints: bbb.org
- State Consumer Protection: usa.gov/state-consumer
- Credit Card Dispute Rights: consumerfinance.gov
Resolve Your Furniture Dispute
Create a professional demand letter citing UCC Article 2 and demanding fair compensation.
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