Expert: Mark H. Miller - 5/19/2008

Question
QUESTION: Mark, I just had my furniture reupholstered. It was done in velvet. When I interviewed them, they said they would strip the couch pad and glue the furniture. When the furniture arrived I feel it was done poorly. Some of the material is coming off( they also ran out so I now have to order more). I looked inside and I saw that they never striped the furniture. Also the covers don't sit nicely on the cushions. The stitching has puckering and you can see the thread in many areas. I asked him about he old material still be on and he told me he did all the repading from inside the sofa. I don't see how this is possible. How could you do the arms that way? I feel I have been taken. This cost me $2000.00.They are coming out to see my complaints. Do you have any suggestions. They were recommended by Service Magic.Thank you, Darlene

ANSWER: Hello Darlene,

The experience you describe is about as bad as it gets.  I do not know what state you are located in and laws differ a little from state to state.  So I will tell you what your recourse would be in California.

In California it is illegal to reupholster furniture without completely removing the existing material.  It is not possible to add padding underneath the existing upholstery material, even if that could be done, what would be the point.  It is possible to add padding over the existing material and then the new fabric, but doing so is illegal in California and I am fairly certain it is so in most states.  It is not possible to make proper repairs to a frame of anything close to the frame without removing the existing upholstery fabric.

So the first thing to do is take lots of pictures, film pictures and not digital, also have two friends look at the sofa so that they can see that the old material is still there.  I would not give the sofa back to the upholsterer, I am a little confused that you have to buy more material and apparently already have the sofa back.

Contact the Bureau of Furniture and Bedding, they are usually located in your state capitol and ask them for guidance.  They are the agency that has jurisdiction.  In California the upholsterer is required by law to give you a complete written estimate of what he is going to do for you,  it has to state that the existing upholstery fabric will be completely removed.  That the frame would be glued, any work to be done, the number of yards required to reupholster the sofa and if they sold you the velvet what the velvet consists of, the fiber content, the price per yard.   If pick up and delivery is included.  

Upholstery thread showing and puckers are signs of poor workmanship.  Should you decide to take your upholsterer to small claims court do not ever say to the judge that the job is not perfect, you will loose if you do that, if the upholsterer is smart he would respond that only nature is perfect and he can not create anything for you that is perfect.  So never state that your job is not perfect,  instead always state that you were promised an excellent job, that you were told the upholsterer is skilled in his trade and honest and that is not what you received.  

The upholsterer is also supposed to attach a law label, in California a green label, similar to the white label that was on the furniture when it was new that states "do not remove under penalty of law"  the person not allowed to remove the label is the upholsterer or a retail store.  That law label is supposed to state what materials were added and that he materials in the sofa when you gave it to the upholsterer are still there,  for example they can not remove down filling and replace it with something cheap.  Except for the existing upholstery material which must be removed, everything else that was there and is your property must still be there when the furniture is returned, they are only allowed to add, and what they add must be 100% new, spelled out in the estimate and stated on the law label.  Any omissions of the above is a violation of furniture and bedding codes and the penalties are very severe.  The law label is to state the license number issued by the bureau of furniture and bedding.  

Advising the upholsterer that you intend to bring in a furniture inspector will ring a lot of alarm bells.  When you contact the bureau of furniture and bedding ask him when the field inspector will next come to your area and if he or she would be willing to come to you to see what was done.  Make absolutely certain that nothing is conducted from here on that is not in writing, put everything in writing including what was already said to you or by you,  a letter, certified mail stating,  "you told me"  "I asked you to"  "to remind you I was promised"  "why did not not provide me with a written estimate"  will create a written record of what may have been said verbally.

I hope this gives you some guidance, the laws are all on your side, it seems to me that you were not treated honestly,  please do not hesitate to contact me if you have further questions or concerns and if I can be of more assistance.  

Mark Miller.

---------- FOLLOW-UP ----------

QUESTION: Mark, thanks for all your great information. I would like to make some things clearer. They still have one of my chairs. I had to order more fabric for it because they ran out. I looked at their estimate. They only wrote the measurements and cost of each piece. Therefore, do you think I have a leg to stand on? I live in Massachusetts and I tried to find the web site you mentioned without any luck. Is there another way to find it? I want to gather as much information I can before this Friday when they come over.Thank you so much. Darlene

Answer
Hi Darlene,

I am not familiar with Massachusetts furniture laws, most States do have strict furniture and bedding laws and I am certain that Mass. is no exception.  There has to be a State agency that oversees upholsterers.  I suggest you contact the Better Business Bureau and ask them what State Agency licenses upholsterers, it is the State agency that should be most familiar with what information estimates must include and your rights in a dispute.  

Again, I am most familiar with California furniture and bedding laws which are extremely strict,  here is another point,  the chair and sofa are your property, what the upholsterer has provided is labor so you have never surrendered ownership of the furniture, in Calif. that leads to problems for an upholsterer when there is a dispute a client can demand their furniture to be returned, in other words the upholsterer can not keep your furniture which is your property to resolve the dispute, the dispute is labor and workmanship the chair is yours regardless.

It is the vendor who is required to submit a proper estimate, and to be familiar with the legal requirements thereon, if the estimate you were given does not conform with the legal requirements then it is the vendor who is at fault, not you for accepting it.  For example, the upholster being the skilled person informed you how many yards of material is required to do the total job.  They made an error and either underestimated the number of yards needed or they made some wrong cuts and now want you to supply additional material.  Either way they are in a serious bind.  What if the additional fabric is not available,  what if it is a different dye lot and doesn't match exactly, who do you think would be responsible, you the client or the skilled upholsterer.  

Remember to get everything in writing, provide the opportunity to inspect and then demand a written reply,  in California, if the upholsterer admits to having done something wrong you would not be required to provide the opportunity to him to correct his mistake but give the job to another upholsterer, you would not be obligated to provide a second chance to do a good job.  Show the mistakes and ask for a written reply why you should provide another chance, and why you should absorb the cost of additional material when you have provided the number of yards you were asked to provide,  the industry standard is 54 " wide material with no pattern, which is what most velvet is.   Ask for proof that the reason they need additional yards is that it is not because an employee made a wrong cut or other mistakes,  the upholsterer must admit that they underestimated the yards required or they made a mistake and ruined a few yards, why should you pay for that.  

Show them the job, state your complaints, point at everything you do not like and tell them you want a written response to each item, and you want your property - the chair - returned to you.  In California I would inform the upholsterer that you are in the process of contacting the State agency that regulates upholsterers, ask the upholsterer to provide you with that information, ask him where that information is located on their estimate form, demand to know their license and business numbers and the contact information of the agency that provided them.  

To answer your question if you have a leg to stand on, from the information you have provided me, were you in California you would be in a very strong position.

I hope this helps.

Mark Miller.

I hope this helps.