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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 113453
Experience:  Attorney experienced in commercial litigation.
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I purchased a leather sectional sofa from Ashley Furniture a

Customer Question

I purchased a leather sectional sofa from Ashley Furniture a little over a year ago just before I got married. They told me that I should purchase the warranty on the sectional for protection, which I did. This past August, 2015, my 2 year old daughter wrote on the seating areas with pen, as well, the console was somewhat damaged. When I looked at the warranty info, it stated that it did cover these issues but they had to be reported within 5 days or it would void any repairs. As of today, almost 3 months later, I am still waiting on the repairs to be completed. The technician came by the 1st time to look at the furniture and said he had to wait for approval. Since then he got the approval but has not done anything except remove my console to repair that. He has rescheduled his return a couple of time because he is too busy. He even called me around Oct 1st, telling me that he would be back on the 15th with the console and to dye the leather, but has not shown up. I contacted Guardsman again and now the say that he cannot return to my home until Nov. 14th making it about 4 months since I reported the claim. I have been given the run around with Guardsman, the warranty provider and the furniture refurbishing technician. I have tried even calling Ashley Furniture but that has not helped. My living room looks terrible with part of my sectional missing. I need help!
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.

Under the Manguson Moss Warranty Act, they have to make repairs in accordance with the terms written in the warranty within a "reasonable time." What is reasonable is a subjective determination for the court, but it depends on the type of repair required and availability of parts and technicians.

Your next step here, since in general anything more than 30 days is unreasonable, is to send a letter to BOTH Ashley and Guardsman stating that you are notifying them that they are in breach of warranty and also violating the Manguson Moss Warranty Act (Federal Law) by failure to make reasonable and timely repairs under the terms of their warranty contract. Tell them this is their final notice to cure and they have 14 days to complete repairs and return the repaired section or you will file a complaint with the state attorney general, as provided for in the MMWA, and will seek damages from them for breach of contract.

You need to do this by letter, not phone or email, since the letter will create a record of the communication putting them on notice.

If they fail to respond, then you would need to file your complaint with the attorney general and pursue your complaint through them.

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