In 2004, my dad ordered a major appliance at Sears. It wasnt what he ordered when it came?

Question

I went with him during the initial purchase and the slick talking salesman at Sears sold him a stove and told him it would be exactly the same thing but in the color black. Well, dad was a little confused, and I figured I would just let him order whatever he wanted to keep his dignity and he purchased the stove with his Sears card. I was at work when the product arrived and was installed, and was appalled because it was not what he ordered. The salesman sent a black stove, but not what he ordered. Even dad knew it was not what he ordered. I called Sears to tell them and they told me the signatures and the order number were the same. I think the slick salesman was trying to sell something to an old man and got over on him.
Dad landed in a nursing home. No one had POA, and no one was sure of where his money went or came. The stove didnt get paid for. Now sears wants someone to pay for it. I paid the money to bury dad. Do I pay for the stove or drop it. Is it my responsiblity?

Answer 1

Just buried my Dad, too and I know what paperwork and bills you are going through. Did his will say that you are to pay for his bills through his estate? Did he have a will probated? My Dad didn't and the bills are not going to get paid (per: My attorney who I consulted regarding this).

Why, they shouldn't even have your name and phone number to begin with. No, its not your responsibility, but send or fax them a copy of the death certificate, they need proof. A lot of people will say that to get out of a debt, the proof you send should be enough.

Sorry about your loss....

Answer 2

First of all I am sorry about your loss. You are not liable for the payment of the stove whether it was right or wrong. Sears credit collectors are known to be very aggressive. Do not assume those payments and simply advise them that your father has passed away. They should just write off the loss but if it persists send a certified letter to ask that the calls stop and keep a copy. Depending on the dollar amount, you may consider suing them in small claims court for harrassment.