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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 113363
Experience:  Attorney experienced in commercial litigation.
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I bought a lift and an electric chair from the Scooter Store

Customer Question

I bought a lift and an electric chair from the Scooter Store in Kerrville TX I did see the chair at first but not the lift I do not have the strength to work it and when I tried to get my money back he refused me at first and then offered me $1500.00 and he charged me $3100.00 for the lift He said I had it too long It too nearly 3 weeks for them to get it as they ordered the wrong one and then by the time they shipped it back and got another one
he brought it to my house in really cold weather and I couldnt stand out there to actually work the lift myself Is there a chance Icoulod get my whole amount that I paid for the lift less a reasonable restocking fee Thanks so much for any information I gave him a check for $5434.00 on the day I ordered it
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.
If he sold you a good that was not fit for your intended purpose then you have to prove in court that he knew or should have known you could not operate it otherwise unless the contract provides for a return you cannot force them to take it back. Of course, as you said above, everything is subject to negotiation, even if there is no contractual right to cancel and you cannot prove breach of the implied warranty of merchantability or implied warranty of good faith from him misrepresenting that you could operate it when he should have known you could not. So you can contact him and negotiate either for a return or perhaps to substitute it for one that you can operate. If he refuses, then if you can show he knew or should have known that you could not operate it, you could seek to sue for breach of the implied warranty of good faith for misrepresenting to you that you could work it.