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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3171
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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A friend of mine purchased a grave memorial stone for herself

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A friend of mine purchased a grave memorial stone for herself and her bother. There was a defect of discoloring on the front. The rest of the work was fine. The monument company replaced the stone but with one of very poor wormanship with more defects than the first one. They told her it would be exactly the same as the first one. She is heart broken. What are her rights and what steps should she take to make things right? Thank you. Landon.

She has the right under the contract with the company to receive a stone that is not defective in any material way. She should reject acceptance of the second stone, and give notice to the company that the second stone is defective as well. She should request a refund of the purchase price. Or she could accept the first stone if that is acceptable to her. If the company does not return the purchase price, she would have to commence a civil lawsuit against the company for breach of contract for deliverying defective goods. In making a request for the return of the purchase price, she should make clear that if the purchase price is not returned, she will commence a breach of contract lawsuit. Additionally, she should preserve all evidence to demonstrate that the stones were defective by taking pictures of them etc.

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