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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9353
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I am writing because I purchased a sofa from a company down

Customer Question

HI There. I am writing because I purchased a sofa from a company down here in Miami. The Sofa is defectuous because it started peeling. I conctacted a specialist to fix it and he said he can not fix it. He also said that the material of the sofa was defectuous and it was not a problem of wear and tear. I told this to the company and they are saying that they are not responsible
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Now I have to throw to the trash a sofa that it cost me $1,500 after only a few years
JA: Have you contacted the manufacturer?
Customer: Florida No. The retailer
JA: Anything else you want the lawyer to know before I connect you?
Customer: Ohh. I think they are the manufacturer I am not 100% sure though
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 4 months ago.

i am sorry to hear this; was this purchased new and if so did it come with a warranty?

Customer: replied 4 months ago.
I don't think so. I am reading the purchase receipt and it says that they offer some type of additional warranty called Guardman's Protection Plan by third party vendors
Customer: replied 4 months ago.
sorry I didn's answer your first question. Yes it was purchased new
Expert:  LegalGems replied 4 months ago.

That type of protection plan is usually for stains caused by the consumers, as opposed to warranting the durability of the actual fabric; a few minutes please.

Customer: replied 4 months ago.
I can send you pictures if it helps
Expert:  LegalGems replied 4 months ago.

There is no specified express warranty that must come with any purchased item; but there is an implied warranty of merchantability that is imposed both by common law and by statute;

for statute please see here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0672/Sections/0672.316.html

Basically this means that the merchant warrants that the product will be good for a reasonable time period, and can be used for the general purpose for which such item is typically used. So because the law does not provide an exact time frame (it varies based on the product purchased, and the legislature has not specified a time frame for furniture) it will come down to what the judge thinks is reasonable.

Normally when a person purchases a couch, and not a basement bargain couch, they expect to have it for longer than 3 years -otherwise it would be cheaper to rent from a rental facility. So as long as it can be proven that the damage was not caused by the consumer's negligence/willful acts, and there is proof that the material is deficient/defective (ie professional third party statement) then the consumer can sue for breach of the implied warranty of merchantability.

Small claims is appropriate for cases under $5,000

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

Sometimes a settlement can be reached.

Here is a template to a demand letter

It is best to send certified, return receipt requested, so it can be mentioned in any legal filing that the plaintiff attempted an out of court settlement (judges look favorably upon that as it shows respect for the court's time). It also helps to include any proof of the defect -i.e. third party statements.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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