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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111600
Experience:  Attorney experienced in commercial litigation.
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I purchased an entertainment cabinet from my interior designer.

Customer Question

I purchased an entertainment cabinet from my interior designer. When it arrived 12 weeks later it was damaged and they took it back to repair. When it came back again I noticed it was still not repaired completely but the moving crew where letting the owner know of the problem.. The interior design company is aware of the problem but will not give me a definitive answer. For the last three weeks they say will let you know when we know something from the shipping company. I have offered to keep the piece of furniture for a 50% refund or return the piece completely. What are my options at this point since I can't even get a call or answer back?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, under the Manguson Moss Warranty Act (federal warranty law) the seller has to repair or replace the item and if they can do neither, you are entitled to a full refund. So you need to notify them in writing that they have delivered damaged and non-conforming goods and their attempts at repair have not been successfully and you are demanding that they either replace the item or refund your money if they cannot fix it properly. Tell them that if you do not get this resolved you will file a complaint with the Texas Attorney General Consumer Protection Unit pursuant to the Manguson Moss Warranty act.
If they do not respond or comply, then file the complaint to the AG office. If the AG cannot resolve this matter for you, then you have a right to sue for breach of warranty in the local court to seek a refund of your payment for the defective merchandise.