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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33241
Experience:  Attorney for over 15 years, landlord 26 years
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I have a Kenmore microwave that turns on when the door is opened.That

Customer Question

I have a Kenmore microwave that turns on when the door is opened.That creates a very dangerous situation. The Kenmore people have refused to even repair it because I didn't purchase a warranty. Should I take them to court?
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can you tell me how old the microwave is?.And it is presumably out of its original factory warranty?..thanksBarrister
Customer: replied 6 months ago.
the microwave is less than 2 yrs and is out of warraanty
Expert:  barristerinky replied 6 months ago.
Ok, then this is going to depend on what state you are in because there is a legal concept called the "implied warranty of merchantability" which means that when a manufacturer puts a product out in the stream of commerce, it is fit for its intended use. A microwave that runs when the door is open is clearly defective and dangerous and would be a breach of this warranty..Further, this could be a breach of contract claim because it is unlikely that your state has a statute of limitations on a contract of less than 2 years. .With that said, if you have contacted the manufacturer directly and they won't agree to replace the microwave as a gesture of good customer service then you could file suit against them in small claims court under a breach of contract claim..However, if it were me, and they still sold the same microwave, I would just buy a new one and then return the old one as defective and get a refund...thanksBarrister

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