Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello,The fact tht the installer was identified on the manufacturer's website, does not make the manufacturer liable for the installer's alleged misrepreseted measurements of the turf installation area. In order to create that sort of liability, you would have to show that the installer was actually the manufacturer's employee, rather than a subcontractor. The fact that the installer was listed on the website, certainly demonstrates that there was more than a casual relationship -- but it doesn't prove an employment relationship. Given the extreme difficulty in proving an employment relationship, holding the manufacturer liable for the mismeasurement does not seek to be a very likely result. However, holding the manufacturer liable for breach of warranty, given that it has delayed in its installation for apparently 3/4ths of a year, would be quite easy. A small claims action is all that's necessary to obtain damages for breach of express limited warranty (assuming your damages are no more than $10,000 CA; $7,500 NV). And, you could complain to the FTC at this link. Before you do either of the above, read the warranty and determine if there is an arbitration clause which requires that you engage in mediation or arbitration before taking any sort of legal action. If yes, then you must follow the provisions of the warranty, and allow the manufacturer a reasonable opportunity to cure the defect or fail. Ordinarily 3/4ths of a year would be sufficient, but not if you never used the procedure detailed in the warranty. Conversely, if there is no procedure additional to that which you have already tried and failed to accomplish the repair of your turf, then you could move directly to legal action and the FTC complaint. Hope this helps.
Thank you for responding to my question. I was never given any type of paperwork that had any type of guidelines for the warranty. It simply said on the receipt "8 year warranty" and nothing more. I realize that I can't expect for the manufacturer to refund me the extra $950 that I was charged, but if I were to take them to court to get the refund that I am due, can I sue for the amount of 40% of what I originally paid, even though that is apparently not the right sq footage? In other words....
As it stands now what they were offering is to discount a new install by the amount of 40% based on the actual sq footage- so $9.50 x 220 sq feet = $2090. They want me to pay them $1250 PLUS they want extra money to add new rock underneath. This also doesn't make sense to me as originally the price was $9.50 a sq foot which included all of the rock underneath as well as any type of prep.
The way that I see it is that I should get 40% back based on what I paid which was $3000. So I feel that I am due a $1200 refund or at the very least a $1200 discount on a new install. I do not however want to wait for a new install since I've been waiting since October and they still don't know when someone might be in my state. I'd rather just get my refund and use a local company to do the whole thing over again.