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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33494
Experience:  Retired (mostly)
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My name isXXXXX I live at 8047 Grow Lane #197 Houston,

Resolved Question:

My name isXXXXX
I live at 8047 Grow Lane #197
Houston, Texas 77040
Phone:(NNN) NNN-NNNN
email:XXX@XXXXXX.XXX

I am a senior citizen of 77 years. I bought an office chair from bel furniture on Feb. the 8th. Within two months it gave way and collapsed so that I could not use it. They sent me another chair. It lasted four months before it broke into two pieces throwing me out onto the floor. I was not injured but I could have been. I have ask bel to give me a refund. They only offered to repair the chair and deliver it back to me. I explained that I could no longer feel safe in that chair. They offered me two options. (1) I could accept the chair and accept their word that there would be no more problems with it. (2) I come to the store and select another model up to the price of my original purchase. I cannot afford a more expensive chair and their website only offers models far above above my origianal price which was 207.00. I ask the manager if he would be willing to coin a letter guarantying my personal safety in the chair and to cover all my medical bills if I should suffer any future injury form normal use of the chair. He said he could not do that. It appears to me that the store is willing to ask me to take a chance on their chair again but it is not wiling to take that same chance with me. I want a refund and I want bel to cover all court and filling costs and attorney fees. I have two questions. (1) Do you think I have a case that will stand up in court? (I have photos of the broken chair on the floor in two pieces.) (2) If so can this be settled out of court with the right kind of legal approach?
Submitted: 9 months ago.
Category: Legal
Expert:  socrateaser replied 9 months ago.
Hello,

If the chair came with a written limited warranty (and most new products are sold with some sort of written warranty), then pursuant to the federal Magnuson-Moss Warranty Act (15 U.S.C. 2308), during the term of that written warranty, the manufacturer must also honor the Uniform Commercial Code implied warranty of merchantability. TX Bus. & Comm. Code 2.314.

The warranty of merchantability requires that: "Goods to be merchantable must be at least such as (1) pass without objection in the trade under the contract description; and (2) in the case of fungible goods, are of fair average quality within the description; and (3) are fit for the ordinary purposes for which such goods are used; and (4) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (5) are adequately contained, packaged, and labeled as the agreement may require; and (6) conform to the promises or affirmations of fact made on the container or label if any."

A chair which repeatedly falls apart is not merchantable, therefore, you are entitled to sue for damages for the value of the chair that you should have received, or the reasonable cost of a replacement chair from a different manufacturer.

So, the answer to your question is an unqualified, "yes." You can sue the manufacturer and the vendor/seller for breach of the implied warranty of merchantability.

Please let me know if my answer is helpful or if I can be of further assistance.

And, thanks for using justanswer.com!
Customer: replied 9 months ago.

I do appreciate your help. Its good advice. In my email I stated that I wanted the defendant to pay all court costs and attorney fees so as to protect my original investment form being eroded in such costs. I would also ask if the cost of this inquiry can also be included in the suit? Can I recover all these costs and come out with a even refund? And will you send me a reciept for my charges here today?

Expert:  socrateaser replied 9 months ago.
Yours is a small claims court case (small claims is now handled exclusively by the TX justice courts). No attorney is required to pursue a case, and your judgment entitles you to recover the filing fees.

However, in the event that you had to hire a lawyer, you could recover those fees under Texas law. See Howard Industries, Inc. v. CROWN CORK & SEAL COMPANY, LLC, 403 S.W.3d 347 (2013) (breach of implied warranty claim is a contract claim where only economic damages are sought).

Concerning a receipt for your charges, I "justanswer" questions -- I have no access or knowledge of any account matter. If you have any questions with regards XXXXX XXXXX account, please contact justanswer.com customer service -- and I'm sure they will be happy to assist you further.

Thanks again!
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33494
Experience: Retired (mostly)
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