The granite sample I approved does not match the granite countertop I received. What can I do about it?


I recently purchased a house with granite counters in the kitchen. Before purchasing the house I was shown a sample of granite that looked white and had specs of black and grey in it. I signed a waiver saying the granite i receive may vary in color. My understanding of varying in color, would be a variation of the same color, like a darker shade of white, or a lighter shade of black(grey), not a completely different color.

I received a granite with a brown base with specs of red in it. I attached pictures of the original sample granite i saw prior to buying the house(white), and samples that the design center also had but I was never shown prior to my complaint(brown, matching my counters). Both of the samples are sitting on top of my actual kitchen counter and I took pictures of them. The name of the granite is Mojave Cream. I attempted to complain to the granite company but they said I signed a waiver and there was nothing they could do for me. I feel cheated and feel the sample I was shown, which was white, grey and black, was a misrepresentation of what I was actually given.

Do I have legs to stand on if I took them to court? I also have a copy of the waiver stating the granite may vary in color if you would like to see it, but as explained previously, my understanding of varying in color, was a lighter or darker shades of white and black, not a completely different color (brown,red). Otherwise they could've given me a green or blue counter and told me I was stuck because of the waiver I signed, which doesn't make any sense to me.


ANSWER - Based on the few photos you provided, I don’t think the white background sample you approved is representative of the salmon background countertop that you got.   There are standards for the stone industry of what is an acceptable sample representation. 

The samples provided for approval should represent the full range of the material you will be provided.   Generally speaking most quality fabricators will have the client approve the actual slab they will fabricate their countertop from before they start the fabrication process.   

 Whether it is practical for you to pursue this through litigation depends?   The money you spend fighting it could cost you more than the cost to replace the countertop. 

2 thoughts on “The granite sample I approved does not match the granite countertop I received. What can I do about it?

  1. David Romain says:

    My countertop people installed a countertop that was obviously cut from my hand picked slab but the four pieces were not cut as per the lay out that we agreed upon. The distinct markings and grain in the slabs are in different places and one piece has the grain going the opposite direction than the layout that we agreed on . I short they did not install the countertop that we bought and now my slabs are cut and what they sold me can not be done.

    • Donato Pompo says:

      You or/and the fabricator should have photographed the slab with the respective templates placed on it so it was clear where each piece cut from the slab should be placed.

      If the veining of the stone on one piece was not cut and installed consistent with the other pieces, then the fabricator has errored.

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