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Richard, Attorney
Category: Legal
Satisfied Customers: 55598
Experience:  Attorney with 29 years of experience.
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Three years ago I bought furniture at La-Z-Boy furniture

Customer Question

Three years ago I bought furniture at La-Z-Boy furniture gallery. I purchased a five year warranty plan. The furniture just three years old the leather began peeling from one of the recliners. i contacted La-Z-Boy and they are now saying that they can't do anything about it.
I have all my contracts and when I sent them copies they offered me a $200 gift certificate to purchase another chair. They are now saying that their furniture is only guaranteed for one year. I have a contract and the sales agreement that clearly states 5 years. is this not a breach of contract on their part? I spent thousands of dollars with them and I am so disappointed.
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Good morning. My name is ***** ***** I look forward to helping you.

They are in breach of contract and you do have recourse against them. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter detailing the history, the warranty you have, and their default, and demand they either repair or replace the recliner. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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