Full question:
I got a new home four years and three months ago. Kitchen cabinets have a five year warranty (NC Manuf). The finish is chipping off after one year. I called manufacturer and received no response. Second year I had factory representative out and took pictures. He said that he 'had never seen this problem before'. Then sent (2) of my doors to factory for inspection, they were never returned to me. Factory sent/replaced with two new doors that do not match cabinets. They said they would return the original doors and have not done so. There has been no response in past year. Can I sue in Small Claims court to have all doors replaced or new cabinets installed? I have documented the process. Please advise as the warranty term is five years and I have been requesting help from manufacturer since the first year...lots of talk but no resolution. I would be happy with all new doors installed but at this point I am upset.
- Category: Small Claims
- Date:
- State: Georgia
Answer:
Typically, a small claims court can only order money damages, rather than an action to be taken. I suggest calling the local small claims court to confirm. When a consumer is unhappy with a product or the manufacturer, it may be easier to recover money damages and use
another vendor to replace the defective product.
In Georgia, the statute of limitations for a written contract, such as a warranty, is six years. That means you have six years from the date of the breach to file a claim. In a warranty claim, the date of breach would typically be the date the defect was apparent.
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.
