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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7412
Experience:  Just Answer consultant at Self employed
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I got a battery. From pepboys when I got it the sells man

Customer Question

I got a battery. From pepboys when I got it the sells man told me I was going to be able to return it if I didnt need it. I went to return it and the girl who take care of me told me they would not take it back they test it and said the battery was bad. I dint use the battery I put it in the car and the car didnt start when I did it.. Can I sue
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

I am sorry to hear this;

if a company sells a defective product, they are liable for the cost of that product under a breach of contract theory.

A breach of contract occurs when one party did not deliver a product as set forth in the contract; in a sales transaction, there are implied warranties, such as the implied warranty of merchantability; the product is expected to work in a manner in which a reasonable consumer would expect it to work-ie a battery will charge a car; if it does not then the implied warranty is breached.

New york's small claims information is here:

http://www.nycourts.gov/courts/nyc/smallclaims/general.shtml

It will be helpful to be able to prove that the issue was not with the vehicle -ie that a replacement battery was used and the car worked fine with it.

Expert:  legalgems replied 4 months ago.

checking in on the above; thanks for using Just Answer!

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