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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116808
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We went into a local decorating/building supply store and

Customer Question

We went into a local decorating/building supply store and agreed with the owner on the price of a specific luxury vinyl flooring product. Store employees came to the house to measure for the product. We contracted for the flooring and began prepping the rooms for installation--moved all kitchen appliances, laundry room appliances, toilet and vanity, and quarter-round molding. In the interim, we also had the rooms and baseboards (during and after the installation) prepped and painted. After the two-day installation, we inspected the finished product and saw a large pattern of stains within the flooring. The installer attempted to remove the stains with products he had available, but to no avail. He told us to speak with the store owner. The store owner was contacted, came to the house, said he could not see any stain. We were invoiced for the price we agreed to on the floor we ordered. We moved our appliances and furniture back into the rooms and reseated the toilet and vanity. In addition, 9 doors servicing the area were removed, painted, and sanded down to accommodate the new flooring. We contacted the manufacturer and started a claim file. During this process we learned the floor we ordered should have a grid pattern on the back. This flooring had no such pattern. Then we measured the thickness of the flooring and learned the flooring is 50 mils thick, where the product we ordered is 100 mils thick. We went back to the store owner with this information and a sample of the flooring installed so he could verify the thickness and backing issue. Now there is an admission that this is not the product we ordered, but a cheaper floor (same pattern) that has only a 10 year wear warranty. The manufacturer has offered us three options: 1) full replacement at original agreed upon cost, 2) pay for this floor and have the 10 year warranty, or 3) keep this floor at a reduced cost with zero warranty. The store owner, via a phone call on speaker with three parties, said they would replace the floor and install the new one, or that we could keep the wrong floor at no cost. Because my husband is a teacher who returns to school next week, we do not have the time or manpower to move all the appliances, remove all the quarter-round, toilet, vanity, doors, and to empty those rooms again, so he contacted the store and said we would just keep the inferior floor at no cost. The store owner then changed his position and said we would have to pay for the inferior floor that we did not order and that was installed in our home due to his store's error. (Notice I'm not accusing folks of a bait and switch--though it certainly does look suspicious.) What are our rights in the state of Kentucky regarding this wrong installation of an inferior product? Had we not independently learned that this was not the floor we ordered, we would have been billed (and would have paid for) a much inferior floor. (And both the manufacturer and store owner now admit we did receive the wrong product at no fault of our own). Thanks for any direction you can provide.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The store owner is liable actually for delivering a non-conforming good and liable for misrepresentation and fraud as well and likely unfair and deceptive business practices for him giving you a lower quality floor. You need to insist he send someone to move everything out and replace the floor with what you ordered at his costs and tell him if he refuses you will file a complaint with the KY Attorney General for fraud and unfair and deceptive practices and you will hire someone else to come do the work and will sue the store for unfair and deceptive practices and fraud and will see triple damages and attorney's fees as the law allows. Tell them they have 14 business days to decide or you will proceed in filing your claims against them.
If he refuses to come in and make this right, including moving the appliances, then you need to file the complaint with the Attorney General and also sue the store for damages to have someone else come out and fix their mess they made (get some estimates to repair what they did including moving appliances around) as that would be your evidence for damages in court.
Customer: replied 1 year ago.
Thank you. Would the store owner be responsible for removing the quarter-round molding (necessary to install the floor) and for the re-sizing of doors to fit the new, thicker flooring, and then for properly reinstalling the same without any damage to the existing walls, moldings, etc.? It seems logical it is his responsibility to does those things since he is the reason they have to be re-done.We are hoping for all involved that this can be remedied without going to court. We know that "mistakes" happen, and are hoping that is the situation here, and that the store owner will remedy the problem without causing damage to the work we just completed in those rooms.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The store owner would be liable for the cost of doing everything he was supposed to do had he properly installed the correct floor you ordered and paid for.
He is liable for all damages caused by his negligence and that means all damages.

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