Reference no: EM1320918

Steamer Furniture Company operates a "rent-to-own" furniture store in Nashua, NH. Stanley Dino purchased a living room suite (couch, loveseat and chair) on May 18, 2009. He bought a bedroom set on Sept. 12, 2011 and he bought a large screen plasma TV on Nov. 29, 2012. Each purchase was made separately and Dino signed different leases/contracts for each "rent-to-own" purchase, The terms of each purchase were contained in a long, printed form contract with lots of provisions contained in it; but basically called for each purchase price to be paid in monthly instalments; however, title to the items remained with Steamer Furniture until the price was paid in full. Furthermore, there was a clause further on in the lengthy contract which allowed Steamer Furniture to keep a balance due on each contract signed by Dino until the entire balance of all 3 of the contracts was paid in full. Each new contract that Dino signed automatically gave Steamer the right to repossess all the furniture that Dino had previously bought. So, after the Nov. 2012 purchase, Steamer, according to the contract, had the right to repossess the living room and bedroom furniture if Dino missed a payment on the TV.

Steamer had given Dino copies of the contract for each purchase before he signed it; they gave him the opportunity to read them and to ask any questions. At the time of the first purchase, Dino started to read the contract, but got overwhelmed by the pages of small print and gave up; he just checked to see that the blanks in the contract were filled in with the correct prices and amounts and signed and dated them.

In January of 2013, Dino was laid off at work and, as he had very little savings set aside, he began to fall in arrears on his monthly financial obligations. He failed to make his March and April, 2013 payments on his TV and Steamer has sought to repossess not only the TV but the living room set and bedroom set, as well.

When Steamer brings action to repossess, what defenses, if any, does Stanley Dino have to such an action?