Some time ago we looked at a court case brought by a consumer against the retailer. The decision was against the dealer based upon the judge’s finding that, as claimed by the consumer, the retailer had failed to deliver exactly what was ordered within the time required.

In his summation of the evidence, the judge stated, “The circumstances all spell out an atmosphere of disregard and sensitivity to plaintiff’s right as a customer for fair dealing, prompt service and good craftsmanship. Apparently the defendant’s idea of good business is customer harassment and an attitude of arrogance by a purveyor of goods to one lulled to its premises by a pretty advertisement.”

Although I do not personally know this retailer, I would bet he is not as heartless and cruel as this judge makes him out to be. Every dealer I know relies fairly heavily on both referral and repeat business. A retailer such as that described by could not possibly benefit from these types of referral sales.

But if this dealer is not what the judge makes him out to be, wherever did the judge get such a rotten impression? The answer is obvious—he believed everything the unhappy consumer said about dealer and just about nothing that was said in his defense. Why?

We must remember that underneath those fancy black robes is a retail customer who most likely, over the course of the many purchases made by him and his family, had an unpleasant experience. I will never forget the remark of one judge I was before who, after looking at a picture of a carpet seam produced by the consumer who had sued the dealer I was defending, stated, “I can tell you that my wife would never accept that.” Where do you go from there?

We must realize then that in most of these cases, no matter what the law itself says, the burden of proof is often placed not upon the consumer who started the lawsuit—as it should be—but rather upon the retailer who is now forced to prove he did nothing wrong.

The dealer can only overcome this burden through the use of evidence. As the retailer in the above case found out it is almost impossible to win over a customer’s oral testimony of what you did wrong solely by use of your own oral statements. In most of these types of cases we can bet the consumer will win.

It is my opinion if a dealer is to win in these types of cases, he must do so with strong written evidence, which begins with the sales order form. It should be very specific as to what is being sold, how much of it and at what price. If this form is filled out in a clear and concise manner, it becomes easy for the judge to accept it as true. If it contains various scribbles and cross outs it can mean whatever the judge decides it means.

A proper sales order form should also contain a place for the consumer to sign at the time the order is placed and a deposit is left. It is very hard for a consumer to later claim she did not order what is clearly stated on the form she signed. Judges do not mind enforcing written and signed contracts. Oral contracts, on the other hand, can be what the judge decides them to be after hearing both sides.

A properly and clearly written sales order form cannot, in most instances, be contradicted by oral testimony. This will have the affect of limiting what the customer can testify to in her effort to discredit the dealer’s course of conduct.