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LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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We installed a water treatment system on the new property,

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We installed a water treatment system on the new property, it malfunctioned and caused damage. The installed fixed it, but is not willing to to pay for damages and trying to blame us. Should we:
a. cancel the AMEX charge and try to return the system
b. Take out the money he owes us from the amex charge?
c. Take him to court (it's less than 1k in damages)
d. Call any consumer protection hotlines?
e. Anything else?
Thank you

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am sorry to hear of this. Did the contract address the damages issue- i.e. limiting the potential damages in case of defect?



LegalGems :

That's good. (as those types of clauses are enforceable generally). If you cancel the AMEX charge, they will conduct an investigation. Since this is more of a negligence issue, they may not resolve it in your favor (i.e. once the installer shows the installation was fixed, they may simply close out the case as solved). Choices a and b are similar - as it would be up to the decision of the credit card dispute process. Going to small claims is a simplified process, and generally a company is liable for damages caused by its negligence. However, most people choose to first send a demand letter, detailing the incident and attaching copies of photos/estimates of repair, and requesting reimbursement before pursuing their legal options. Most consumer protection hotlines will take a complaint, but won't do much unless there have been numerous complaints about the same company.


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