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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I'm wondering about my rights when it comes to a purchase

Customer Question

I'm wondering about my rights when it comes to a purchase that arrived broken.
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: Yes, I reported it to my credit card agency, and they have reversed the charges for now. But I'm worried about whether or not I should return the part. I don't think it's my responsibility to pay to return something that was shipped to me broken.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that's all. Just wondering what my responsibilities vs. rights are
Submitted: 9 months ago.
Category: Legal
Expert:  Bill Attorney replied 9 months ago.

This is attorney Bill.

Carriage costs are a part of the contractual relationship.

There is a consumer statute in California that protects consumers from faulty and damaged goods.

Did you buy the product as a consumer or as a retailer ?

What kind of product was it ?

Where was the product shipped from ?

Attorney Bill

Customer: replied 9 months ago.
The part was a used transmission from a wreckage yard. I found it via the national database On that page, their ad said it was an "A" part. When I called I asked if it was in full working condition -- they said yes. Then I asked if it had been tested, they said yes. When it arrived to my car repair shop, it was broken. When I called the wreckage yard, they didn't deny it -- they just said, "Well, the part is easy to fix." I even had my repair shop call them, and the wreckage yard told them the same thing, "It's an easy fix." My repair shop said they would NOT touch it, because the moment they do, they "own" it. Plus, they said it looked as if the transmission had been dropped, so they said there may be more serious problems. They strongly recommended I reject it, which I did. I called the wreckage yard and said I didn't want it, and the wreckage yard said that if I wanted ANY of my money back, I'd have to pay to return it. They also said they would NOT refund the original shipping cost (one way is $100!!!).
Customer: replied 9 months ago.
I bought the transmission as a consumer.
Customer: replied 9 months ago.
The wreckage yard is in southern CA. My repair shop is in Redwood City, near San Francisco, CA.
Customer: replied 9 months ago.
My mechanic told me that if no one takes care of the broken transmission, he will trash it. So, I told the owner of Montoya's (the wreckage yard) that if he wants the transmission returned HE will have to arrange to have it shipped back (I refuse to do it because it costs a small fortune to move something that heavy). But the owner of Montoya's keeps saying that he doesn't care because he put a block on his account (i.e. he is not giving up the original $700 price + $100 shipping), so if the part is never returned, I will eventually lose that money.