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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101539
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do i get help on a new hot tub i just bought and it is

Customer Question

how do i get help on a new hot tub i just bought and it is the second lemon A-Tex in georgetown has sold me in the past 30 days
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) What exactly are you asking here, i.e. (a) can I bring legal action, (b) does a consumer agency help me with this, (c) something else?

2) What exactly is wrong with the tub itself?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
can I bring legal action? Can a consumer agency help me? This is the second hot tub they have brought me and yesterday I got it and it lost a good 3 inches in water level while I was in it. I'm only 5'5'' tall and 117lbs and they are telling me I made the jets spray out side the hot tub. What???
Expert:  Ely replied 1 year ago.

Thank you. Can I ask if they offered to at least take a look at the tub? Is there any type of warranty with it that they are following (or not following)?

Customer: replied 1 year ago.
They came out the first time and admitted it was a lemon and replaced it then yesterday I got in for only 20 minutes when I noticed it was loosing so much water. They finally came back out this afternoon but said there is nothing wrong with it even though 2 employees very rudely told me they were having lots of problems with their spas and would get to me when they had time. So there is knowledge on their part of problems with their product and yet still sold them.
Expert:  Ely replied 1 year ago.

Thank you.

No, there is no consumer agency that will take the case for you. For cases like these, you are on your own. Technically you can report to the Attorney General, but the AG only acts if dozens, if not hundreds, complain.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Herein, one can sue the company for warranty and TX Deceptive Trade Practices Act, arguably.

When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied warranties. These implied warranties are very ambiguous in law by nature.

An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. Recognized in Texas under Tex.Bus. & Com.Code Ann. § 2.315.

An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. Recognized in Texas -under Tex.Bus. & Com.Code Ann. § 2.314.

As for the TDTPA, this may be found HERE. This is actually even stronger, as this allows for statutory treble damages, attorney fees, etc.

I would recommend finding an attorney that may be willing to look into the case.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!