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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2935
Experience:  Civil litigation attorney for individuals and businesses.
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Is there a law that requires manufacturers of appliances to keep available parts for 10 ye

Customer Question

Is there a law that requires manufacturers of appliances to keep available parts for 10 years? I have a 3 year old LG ref. that I have been trying to have fixed since June 24. They NOW tell me the 'sensor' that is needed is no longer made and is unobtainable so they want to give me 'money' for my scratch and dent that would not begin to replace it. I feel they should replace it since I was told by an appliance dealer there is a law that they must keep parts available for 10 years or replace the appliance. I will take scratch and dent.I have talked with 23 people and nothing WE have been without ice all summer...in Florida!
Submitted: 10 months ago.
Category: Legal
Expert:  William B. Esq. replied 10 months ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX X would like to assist you today.

William B. Esq. :

There is no federal law regarding this requirement, however some states such as California (http://law.onecle.com/california/civil/1793.03.html) do require appliance manufacturers to retain parts when the provide a warranty on the product. Please give me a short minute to review Florida statutes to see if such a law pertains to Florida as well. If the appliance dealer that told you they would keep parts on hand for 10 years was the same one that sold you the unit, that would be an express warranty and contract, which would obligate them to keep the parts regardless of any statutory obligation.

Customer:

No it was a different dealer. Appliance direct is no longer in my area.

William B. Esq. :

Unfortunately, there is no obligation under statute in Florida for the manufacturer to retain parts. However, it must still honor the warranty to repair or replace the unit as required under the terms of your warranty language. Here are some tips from the FTC on how to pursue your rights under a warranty: http://www.consumer.ftc.gov/articles/0252-warranties (I believe the other dealer was mistaken, I cannot locate any such statutory protection, even California's protection does not extend 10 years, and California is very consumer friendly).

Customer:

The warranty people tell me they will not replace it 'according to my warranty'. I have asked for a copy.I havenot received yet..we moved and I lost the paperwork but have the bill of sale. LG, I feel is obligated since it is less than 3 years old and it is perfect working order except it won't make ice and keep ice cream frozen. My warranty is over October 9, 2013. Since this hassle started in June and is not resolved and may not if I decide to litigate, are they still responsible?

William B. Esq. :

You can tender the claim to them (I recommend using a letter - certified works great, just make sure you keep a copy) to put them on notice that you are filing a claim under the warranty). If they fail to honor it you can take them to court (I would hazard a guess that the cost of repair or replacement would still place you in small claims court which would enable you to pursue this claim without an attorney).

William B. Esq. :

If you have to go to court you can get a copy of the warranty through a document demand in discovery.

William B. Esq. :

Here is a link to information about small claims court (if it becomes necessary): http://www.flcourts.org/gen_public/family/self_help/smallclaims.shtml

Customer:

From your experience with these matters do you feel I have a claim? I am certainly not out ot get something for nothing but I do not have $1400-1500 to but a new ref. and warranty will only give the 4*56 I paid for

William B. Esq. :

I believe that there is a decent claim. But it depends entirely on what your warranty says - these claims are based entirely on contract. However, most courts are interested in giving the benefit of the doubt to the consumer as there is an interest in giving them the benefit of their payment for the warranty itself.

William B. Esq. :

(My apologies for the delay, I did not mean to leave you waiting).

William B. Esq. :

Dear Customer, I appear to be having an issue with my browser, I am going to transfer our conversation to our "Q&A" format to ensure that you can review the remainder of our conversation and that I can respond to any further questions you may have. Thank you for using our service, and please do not forget to rate my response once you are satisfied. I wish you the very best of luck with this, and hopefully you will get this issue resolved quickly. Best regards, Bill.

Expert:  William B. Esq. replied 10 months ago.
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Customer: replied 10 months ago.


From yopur experience do yu feel I have a legitimate complaint and could possibly win in small claims? Warranty want to give me $856 which is waht ai paid for my Scratch and Dent that will NOT replace the Ref. which sells for $1400-$1600. I was told by Salesman the Warranty would REPLACE if they could NOT repair.Of course they deny that now. I am NOT trying to get something for nothing. I just want a Ref. that has the features mine has and LG or warranty won't do it.


Am I asking to much? opr should LG be responsible for a REF, longer than 3 years?


 

Expert:  William B. Esq. replied 10 months ago.
This depends on your contract. You say that the salesman told you they would REPLACE if they could not REPAIR. This means that they are required to replace the unit. They do not have to replace it with a new model, but they must replace it with a comparable one.

If they are failing to replace it, or offering to give you only a fraction of the cost of replacement, then yes, you would be entitled to the difference in court.

The only downside is the cost of litigation (how much is your time worth plus the incidentals of litigation, filing fees, service, copying, etc.), and the inherent risk of a lawsuit (there is always a chance you might lose, no matter how strong your case is). So once you balance that out, you can make an educated decision as to whether or not you want to pursue an action to force them to acknowledge their duties and obligations.

There may be another route - you can try for mediation through an entity such as the Better Business Bureau (it is voluntary so LG may not participate), but it is a much cheaper option.
Customer: replied 10 months ago.


I think you covered it, Bill. Thanks for your input. I will run it by my Paralegal daughter, and see what she may suggest to supliment your help. I just have a STRONG feeling of Right and Wrong.......I KNOW that is NOT how this world operates. Thanks again, Carroll

Expert:  William B. Esq. replied 10 months ago.
Dear Carroll,

You are very welcome, I hope that this is helpful, and I am happy you have someone who is able to look at this for you up close.

Thank you for using our service, and please do not forget to rate my answer when you are satisfied. I do wish you the very best of luck with getting a swift resolution to this (and that the "Right thing" will prevail in this matter - you deserve the warranty you paid for, I am sorry you have to fight to get it).

If you have any further questions please let me know.
Customer: replied 10 months ago.

Got another question please. I would like to get the part # XXXXX the sensor that is needed. If Calif. has a law that parts are to be available for 10 years I just might find some obscure dealer or parts company that they did not bother to contact. If I have getting that then what?

Expert:  William B. Esq. replied 10 months ago.
We do have experts that can probably help you with that. You would need to post a new question to our Appliance experts who can help you with that issue.

(For whatever it is worth, the CA statute only gives you 7 years, and only on very limited appliances (http://law.onecle.com/california/civil/1793.03.html), but that doesn't mean it doesn't apply to your refrigerator).

Our appliance experts are probably best suited to tracking down your sensor part, and may have a lead on where to pick up a part.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2935
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 19 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


New Question..NEW Charge?? Thanks

Expert:  William B. Esq. replied 10 months ago.
Dear Customer,

This is a "pay for" service. This means that the service charges customers for each question posted. As experts on the site, we are only paid when the Customer rates our service positively (we receive no compensation otherwise).

Each question is charged separately. In your case I responded to your legal question regarding warranties, the question regarding an appliance part needs to be directed to the appropriate expert, and there will be a separate charge if you choose to use their service.

The site does offer a subscription service which has a monthly fee and allows you to ask unlimited questions of our full range of experts.

I hope this explanation of our site is helpful.
Customer: replied 10 months ago.

I expect to pay but have to know what I can afford. They said this could be $48. and I agreed to that.Thanks for you help....I hope Can carry on...Carroll

Expert:  William B. Esq. replied 10 months ago.
Hi Carroll,

I hope that this will work out, if you contact our customer service, you may be able to make an arrangement to resolve this issue regarding both questions.

I know that different categories of questions have different minimum payment requirements, unfortunately, I do not know what these minimums are (even for legal, as experts we are not involved in the pricing).
Customer: replied 10 months ago.


I agreed to accept the $836.25 offered by WarrenTech the warranty co. I still feel LG should replace the refrigerator. I have been ob line to some other Web Sites and this is a common problem! Iam hoping someone will start a Class Action suit and we can stop LG from doing this to others.


thank you for your help, Yes I did give you and "EXCELLENT" rating.


I hope I don't need yourf services again but will sure asf for you.


Carroll

Expert:  William B. Esq. replied 10 months ago.
Thank you very much for the kind rating Carroll.

I do wish you the very best of luck in this matter, and I do hope that you are able to get your appliance replaced quickly - as I mentioned (and I say this as a consumer myself), if you pay for the warranty you absolutely are entitled to the service.

I do hope you have a pleasant Sunday.

Best wishes,
Bill

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