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I bought a leather couch in 2009 from Ashley Furniture and

purchased an additional 5 year...
I bought a leather couch in 2009 from Ashley Furniture and purchased an additional 5 year warranty plan for it. The leather started peeling and falling off over the course of the last few months and I found out today from a rep at the store that the couch I bought is faux leather. I asked a lot of questions about the leather at the time of purchase and the salesperson said the leather was from cows on a farm in Memphis and we could even go there and meet the cows. Apparently he was not being honest and they are saying to claim the warranty I should have reported the damages within 5 days, but it started as a small speck of missing upholstery and now every cushion has missing patches of "leather". The warranty technically does not cover leather or vinyl cracking or peeling, but we were lied to about the couch material to begin with. Is there any legal way to hold them accountable for falsely representing their products?
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Answered in 48 minutes by:
4/28/2013
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,553
Experience: JD, MBA
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Hello and thank you for allowing me the opportunity to assist you.

Assuming the store refuses to correct the issue, you could sue the store for purposely misrepresenting the couch as being leather. The problem, of course, is proving that the sales person lied to you. There could also be another problem if you were given any paperwork with the couch explaining that the couch was not leather. Ultimately, if you were to sue, your only evidence would probably be your testimony. Granted, if you are believable, then it's possible that you could win such a lawsuit. However, if the judge doesn't know who to believe, then the store would win because the burden of proof would be on you. You must convince a judge that your story is 51% the likely version of events. But if you sue, there is a very good chance that the store will try to settle with you since it would presumably want to make a customer happy, and also because retaining an attorney would probably be more expensive than working with you.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,553
Experience: JD, MBA
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