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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Purchased a new Craftsman riding mower from Sears on or about

Customer Question

purchased a new Craftsman riding mower from Sears on or about March 30,2015. Mower is under both a manufacture's warranty and an extended warranty, purchased at time of sale. Encountered a problem early in May, and mower was picked up by a Sears recommended service company. The repair got entangled in which warranty should pay for repairs. Now, some 22 telephone conversations, and 28 days have elapsed, my mower is still somewhere other than my residence, AND, has not been repaired yet! Help please. Jack Jumper(###) ###-####
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
I am sorry to learn of this situation. If you are only making phone calls, and not tracking with letters or emails (written communications), now would be a good time to start (see my note on "confirmation letters" below). I would start "cc"ing letters to both warranty companies and mutual demands as they should be making the repairs and deciding amongst themselves who is responsible after the repairs have been made to the mower.In addition to the demands on the warranty companies, you should also make a demand directly to the merchant (Sears) for repair and/or replacement of the item.If you do not receive satisfaction in a timely manner following demand - file a complaint with the State Attorney General, Consumer Complaint division (these complaints can be filed online).Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.Ultimately, your remedy is to sue both warranty companies for breach of contract (make them joint defendants), but hopefully they will get a resolution swiftly, and you can avoid this eventuality.
Customer: replied 1 year ago.
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Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, I do not provide telephone calls - my hourly rate is far in excess of the small fee charged for this "Q&A" session, and I do not wish to provide the impression that we have an attorney/client relationship through this forum. If you desire a phone call, you can post a second question and post in the initial question that you are looking for "Additional Services" and another expert will provide you with an "offer" giving their fee for this additional service and additional instructions.

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