If I bought a mini-bike that stopped working after only f5 hours of use, how can I get my money back from them?
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If I bought a mini-bike that stopped working after only f5 hours of use, how can I get my money back from them?
I have daelt with the manufacturer at great length in an attempt to get them to act on the warranty. They keep shuffling me around. Tired of the problems, I took it back to the seller (a national chain) for a full refund. They are using the my state’sCOOLING-cooling off period stunt on me, as a reason to not refund me. I am not just changing my mind on the item, it just doesn’t work and I am not satisfied with it.
Asked on April 18, 2012 under General Practice, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Depending on the provisions in the express warranty, you can sue the manufacturer and the seller for breach of the express warranty. Your lawsuit should also have a separate cause of action (claim) for breach of the implied warranty of merchantability. The implied warranty of merchantability means that the mini-bike has to be of a quality acceptable in the trade. Since it failed after such a brief time, it is not of a quality acceptable in the trade and therefore constitutes a breach of the implied warranty of merchantability. Implied warranties are unwritten. Express warranties are written.
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