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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118113
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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And I live in Port Orange,

Customer Question

Hi, my name is Karen ******* and I live in Port Orange, Florida. I have a twenty three year old son, Steven ********, who has cerebral palsy. He is confined to a wheelchair and as parents we are always looking for ways to help improve the quality of his life. Anyway, a few years ago we went to the Clear Institute, that specializes in scoliosis , among other things. One of the treatments included sitting in a "Scoliosis Traction Chair", which took two people every time to get him in and out with much difficulty. But as parents, you continually try new things in hopes they will have a positive impact. At some point we were talked into purchasing this scoliosis chair to continue the care at home. Over some time this chair seemed to be of no positive use to my son, so we decided to stop using it. The legal question I have is that along with the chair came a manual that offered a "Buy-Back Guarantee" which states in the manual that they would "buy the chair back, at any time, for any reason, and will also cover the costs of return shipping". I have called them a handful of times to get this chair back to them as they promised. Yet, they keep telling me they will let me know when they have someone who is in need of the chair. How can they get away with making this "Buy Back Guarantee" and yet not honor it. The chair was used for a short period of time, so the chair is in brand new condition. They also said the most they would give back would be half of the total sum I paid for the chair. That seems like highway robbery and very unfair!!! So they make this claim that they will take this chair back; but they don't. Isn't that a breach of contract? Please help me. Thanks.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward o working with you to provide you the information you are taking for educational purposes only.
If they gave you such a guarantee and the book does not state you have to wait for them to have another buyer, then they are in breach of warranty and under the Manguson Moss Warranty Act, they have to honor their warranty as written. If they refuse, your first step is filing a complaint with the FL Attorney General Consumer Protection Unit, as under the Manguson Moss Warranty Act, the Attorney General is supposed to provide a mediation service for warranty disputes.
If the Attorney General cannot resolve the dispute, then you have a right to sue the company for breach of warranty and also possibly unfair and deceptive practices and can seek damages from the company including possibly up to triple damages if you prove their practice is unfair and deceptive.