Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello,Cal. Commercial Code 2315 provides, "Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."So, at this point, the seller's informing you that the 3332 filter was the correct product, operated to create a warranty under Comm. Code 2315. If the parts store provides conspicuous notice that parts are purchased "as is" or "with all faults," then the above-described warranty would be void. Such a notice disclaimer would be invalid, if it is produced on a sales receipt provided to you after or at the same time as your purchase is made. The notice/disclaimer must be conspicuously displayed to you prior to the purchase.The manufacturer, likely provides a limited warranty on the package, which, if visible to you, would be enforceable to leave the manufacturer free of liability. But, this would not protect the parts store.The big issue here is probably not the existence of the implied warrant for a particular purpose. It is whether or not you can prove that the salesperson gave you the incorrect part number. In order to prove that, you probably would have to have a friend visit the store and ask the same salesperson the same questions and see if he provides the same answer. If he does, then you could possibly argue that it was the salesperson's habit to make this recommendation.You may also be able to subpoena the security camera video and show by the actions of the salesperson that he recommended the 3332 part. But, the botXXXXX XXXXXne, is that as the plaintiff, it's up to you to prove that the recommendation was made, and that it was incorrect. That would be a breach of warranty, and the parts store would be liable for your damages as a consequence.
You could sue in small claims court without a lawyer. Hope this helps.