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Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5169
Experience:  Licensed to practice before state and federal court
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We bought a 5the wheel and need held to get it repair or

Customer Question

We bought a 5the wheel and need held to get it repair or replacement
JA: What state are you in? It matters because laws vary by location.
Customer: Miching
JA: Has anything been filed or reported?
Customer: No we have been hopping they would work out but
JA: Anything else you want the lawyer to know before I connect you?
Customer: It was new in Jan and we have only been able to use it safely for about a month
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your situation. Becuase this item is broken, this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

You may also have a claim for a breach of the implied warranty of fitness. The implied warranty of Fitness simply says that when you buy a product that it is going to be fit for its ordinary purpose. If you have not been able to use it then that is in breach under Michigan law which could entitle you to damages, including a full refund.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?