What recourse do I have after buying an expensive stove/oven that does not work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What recourse do I have after buying an expensive stove/oven that does not work?
I bought a slide in stove/oven combo from an outlet for a rental unit I own. I was assured that, aside from a few cosmetic scratches, the unit functioned as expected. Upon delivery I found that a key component (the ventilation kit) was missing, but was assured that the unit would still work. The store said they would order the parts and have a technician assemble it. Fast forward 3 months and I still do not have the correct parts and the oven will not work without the ventilation kit. The tenants are unhappy (and I don’t blame them) and I will soon most likely start losing rent!
Asked on August 10, 2011 California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You could sue the store for fraud. Fraud is the misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment. Here, the store falsely claimed that stove/oven worked properly even though the store must have known the ventilation kit was missing and that the stove/oven would not work without it. You relied on the store's misrepresentation that the stove/oven functioned properly to your detriment; otherwise, you would not have purchased it.
In addition to a cause of action (claim) for fraud in your lawsuit, your lawsuit could also include separate causes of action (claims) for breach of implied warranty of merchantability and breach of implied warranty of fitness for a particular purpose. The implied warranty of merchantability means the stove/oven was of a quality acceptable in the trade. The implied warranty of fitness for a particular purpose means the stove/oven was fit for its designed purpose of cooking food, etc. These two warranties are implied, NOT written. If there was a written (express) warranty, the language of the warranty will determine whether or not you would have a claim for breach of express warranty. If you signed a sales contract with the store, you may have a cause of action (claim) for breach of contract.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your recourse is to sue the outlet--when you buy some good(s), you have a right to get what you paid for, which in this case is a working stove. You may sue them to force them to take the stove back, return your money, and to also compensate you for any out-of-pocket costs or losses you've suffered; you could also settle with them by having them agree to finally repair or replace anything necessary and get the stove to work. You could try suing them in small claims court, where you could represent yourself (no lawyer needed) and where the cases tend to move faster, so that you could get to a faster resolution. On a non-legal front, if this outlet is owned by some larger entity, you could contact the parent, explain the situation and that you're about to take legal action against the outlet, and see if the parent steps in to resolve the situation. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.