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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4820
Experience:  Experienced in both state and federal court.
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Xxxxx. I have a son with cerebral palsy. About five years

Customer Question

Hi! My name is ***** ***** I have a son with cerebral palsy. About five years ago, we took him to a chiropractic doctor who specializes in scoliosis. One of his treatments was in a scoliosis chairs. After some time we were encouraged to buy the scoliosis chair to use at home. We did, and after the passing of time, I was not convinced that the money spent with this doctor was well spent, so we stopped going to him. But now we are stuck with this scoliosis chair. When we started our visits with this doctor, we are given an Owner's manual. In that manual it had a "Buy-Back Guarantee" for the scoliosis chair, but every time I call to have them make good on their promise, they tell me there is no one in need of the chairs right now. The Guarantee states very clearly to me: "Due to the very high demand for Scoliosis Traction Chairs, Clear Institute will buy back your scoliosis Traction Chair at any time, for any reason and will also cover the costs of return shipping." Could that be any more clear. What can I do? Can you help?
Karen
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

I have to admit, I don't know much about these sorts of chairs, but how much do they cost?

Customer: replied 1 year ago.
About $2,500.00.
Customer: replied 1 year ago.
Hi! Are you still there?
Customer: replied 1 year ago.
I really need help with this problem.
Expert:  Chris T., JD replied 1 year ago.

I'm sorry, I had to step away.

Expert:  Chris T., JD replied 1 year ago.

To answer your question directly, you have very strong grounds on which to sue. They have created an express warranty when they said it was a buy back guarantee. Based on what you've said, it was not a conditional guarantee or dependent on their needs. As such, they have obligated themselves to buy it back as they agreed to do.

Expert:  Chris T., JD replied 1 year ago.

Unfortunately, you will have to sue to make that happen. My suggestion would be to send them a letter expressing your intent to sue if they don't abide by their warranty. Hopefully, they will want to avoid the litigation and settle the matter with you.