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Richard, Attorney
Category: Legal
Satisfied Customers: 54833
Experience:  Attorney with 29 years of experience.
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I purchased flooring from Empire last June, It has cracked

Customer Question

I purchased flooring from Empire last June, It has cracked and discolored in every room. The flooring was ten thousand dollars for my middle level. They are telling me now that I will have to pay for the repairs. They said that it is not a factory defect but due to the fact that I don't have a humidifier in my house. However no one told me when I made my purchase that I would need a humidifier. I used the money from my life insurance policy when my husband passed away last year. I thought it would be a good investment. I am so disappointed that they are not going to stand by the product when I was told when I purchased the floor how it was one of the best on the market and would increase the value of my house.
Submitted: 12 months ago.
Category: Legal
Expert:  Richard replied 12 months ago.
Good afternoon Pam. My name is ***** ***** I will be helping you. It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 12 months ago.
That is ridiculous. This is clearly either a product defect or an installation issue. Either way, Empire is liable. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and demand they either fix the problem completely or pay you what it will cost you to have another company replace the floor. . Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud, product liability, gross negligence, and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on the record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!