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What legal recourse do I have for a defective appliance delivery?

What legal recourse do I have for a defective appliance delivery?

Full question:

Purchased new appliance from sales distributor, defective upon delivery and setup. Now they will not take it as return and want me to deal with maker for repairs. What legal recourse do I have to demand replacement rather than attempts at repairing defective new appliance?

Category: Warranties
Date: 04/07/2025
State: California

Answer:

Warranties are based on contract law principles. Your options depend on the type and terms of the warranty. If the warranty states that a defective product will be replaced, and the seller fails to do so, you may have a breach of contract claim. Many warranties allow the seller to attempt repairs before offering a replacement.

If there is no written warranty but you received verbal assurances that the item would be replaced, this could constitute an oral warranty. However, oral contracts can be challenging to prove, as it often becomes one person's word against another's.

A breach of contract occurs when one party fails to perform their contractual duties, causing the other party to suffer damages. Legal actions for breach of contract are civil cases aimed at compensating the injured party. Remedies include money damages, restitution, rescission, reformation, and specific performance. Money damages provide compensation for financial losses, while restitution aims to return any money or property given under the contract. Specific performance compels a party to fulfill their contractual obligations when monetary damages are insufficient.

If you cannot resolve the issue with the seller, consider contacting the local Better Business Bureau for assistance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I get a refund for a defective item?

Yes, you may be entitled to a refund for a defective item, depending on the warranty terms and state laws. If the item is defective and the seller refuses to issue a refund, you can argue that they have breached the contract. It's important to check if there are any specific return policies or consumer protection laws in your state that apply to defective goods.

How do I get my money back from a defective product?

To get your money back from a defective product, first contact the seller and explain the issue. Refer to any warranty or return policy that supports your claim. If the seller refuses to cooperate, you may need to escalate the matter, potentially involving consumer protection agencies or seeking legal advice to pursue a breach of contract claim.

What to do if a retailer won't refund you?

If a retailer won't refund you for a defective item, start by reviewing their return policy. Communicate your concerns directly with them, providing evidence of the defect. If they still refuse, consider filing a complaint with the Better Business Bureau or your state's consumer protection office. Legal action may also be an option if you have a valid breach of contract claim.

How long after purchase can I return faulty goods?

The timeframe for returning faulty goods varies by retailer and state law. Many retailers allow returns within a specific period, often 30 to 90 days. If the product is defective, some states have laws that may extend your rights to return it even after the standard return window. Always check the retailer's policy and applicable state laws.

What can I do if a company won't give me a refund?

If a company won't give you a refund, first review their return policy and try to resolve the issue directly. Document all communications. If they remain uncooperative, consider filing a complaint with consumer protection agencies or the Better Business Bureau. Legal action may be necessary if you have a strong case for breach of contract.

Can a company refuse to refund a defective product?

Yes, a company can initially refuse to refund a defective product, especially if their policy allows for repairs instead of replacements or refunds. However, if the product is genuinely defective and under warranty, you may have legal grounds to demand a refund or replacement. Check the warranty terms and consult state consumer protection laws for guidance.