Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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?