Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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They are in breach of contract and you do have recourse. Since they won't resolve this voluntarily to your satisfaction, you want to raise the stakes on them. Send them a certified, return receipt requested letter and demand they replace the motor to your satisfaction at their cost under the warranty. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.
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