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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101049
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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On 5/6/2015, I purchased a microwave and an 18 inch

Customer Question

On 5/6/2015, I purchased a microwave and an 18 inch dishwasher from sears.com. The microwave was installed but the dishwasher could not be as I had to make plumbing adjustments.
When I called to arrange redelivery and installation, I was informed that the order was cancelled and,ultimately, could not be reinstated. Since then (June 2015), I have been in communication with several customer service personnel including supervisors and managers with sears.com. I have been promised a refund of 749. I have not received the email confirmations, telephone calls, or the refund check promised.
I have obtained assistance from the sale staff and store manager at the Sears 'brick and mortor' store in Brooklyn, but they have limited power and access to transactions of sears.com
I have been wanting almost 6 months for my refund. I still don't have a dishwasher. I can not afford one without the refund
Your assistance with this matter will be greatly appreciated!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. This is a textbook case of breach of contract, arguably. The elements of a cause of action for breach of contract are (1) the existence of a contract; (2) performance by plaintiff; (3) breach by defendant; and (4) damages. Blue Water Environmental, Inc. v. Incorporated Village of Bayville, New York, 13 Misc.3d 1211(A) (Table), No. 15809-04, 2006 WL(###) ###-#### *1 (N.Y. Sup. Ct. Sept. 21, 2006. Not only can the Court issue a judgment for the money, but also in addition to this, tag unto the judgment the difference of what it would cost to get a similar item elsewhere.

What someone in your situation wants to do is to file a small claims court matter for breach of contract. If you tell me what part of NY you are in, I can provide some more direction on how to do this. However before this is even done, one may wish to send a letter threatening a suit to the physical location, their national customer service address, and their legal department. That normally does the trick and one of those three will often simply refund the money.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!