What are my rights if I had a new vinyl floor installed in my home that was found to be defective?
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What are my rights if I had a new vinyl floor installed in my home that was found to be defective?
The company who installed it has agreed to come in and take it out and replace it with a new floor. Am I also entitled to have them remove and replace the moldings around the floor and doors that I had to do the first time around, and they no longer have my floor style in stock and are telling me I need to pick another one. Do I have any limitations on the cost of the new one? Can I take them to small claims court, and how much will that cost?
Asked on October 7, 2015 under Business Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1 Yes, if they installed a defective floor, they should have to pay all costs associated with that act, such as the cost to replace/redo moldings, etc.
2 You should only get a credit for the cost of the flooring up to the cost of the flooring you had previously picked, but if you want something more costly, you should be able to pay the difference.
3 If they won't fix the problem or provide you compensation, your recourse is to sue them for breach of contract, breach of the implied warranty of fitness for its purpose and/or the implied warranty of mechantability, and/o for negligence carelessness in doing the work.
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