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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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I made purchased online of an UTV Cart and received it 22

Customer Question

I made purchased online of an UTV Cart and received it 22 Dec15, but 2 days prior I received a call trying get me to take a cart with a "better smaller Honda clone engine." but I choose the 200cc engine. I was sent this Cart knowingly that engine was a problem, when I finally got someone on a call they told me that they could send me an engine if I would send the old one back, I explained that this issue happened the first 15-20 min. I want to know what recourse I have?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 10 months ago.

If you were knowingly sold a defective product, you have a right to return the product for a full refund (including cost of shipping both ways).

This is under the doctrine of "fraud in the inducement" - if one party makes a misrepresentation (in your case about the quality or "merchantability" of the product) in order to induce the other party to enter into a contract, the contract is "voidable" - meaning that as the injured party, you are entitled to void the contract, or enforce it, as you deem appropriate.

If you feel comfortable with the representation that the warranty is not voided, and are willing to change out the engine, get the confirmation (re: the warranty) from the shop in writing (make sure you are confident they are capable of backing up the warranty in the event they are wrong), and make the change, but you don't have to take their fix.

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