Q: I purchased a dining table for $2,500 and it had a large, noticeable dent on one of the legs. What recourse do I have? What is the seller's responsibility?

A: If you purchase merchandise and find it defective, the sale is in error and void. You are entitled to return it for a full refund. This is true even if the seller was also unaware of the defect (C.M. 232:3).

If the seller wants to refund $1,000 and uphold the sale, you can insist that you prefer an intact item to a defective item at reduced cost. Similarly, if you want to uphold the sale and demand a discount, the seller can refuse and insist on cancelling the deal and returning the monies (232:4).

If the table can be completely repaired "as good as new," such as if the leg is simply screwed in and an identical leg is available, the seller can opt to uphold the sale and pay for the repair. However, if the leg is solidly attached to the table and replacing it would weaken the table, you can refuse repair and insist on a refund (232:5).