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We purchased a protection plan for furniture and a couple of…

We purchased a protection...

We purchased a protection plan for furniture and a couple of area rugs. Contact warranty company to have small animal urine stain removed, they sent out cleaning company which then ruined the rug. Followed up with warranty company which after weeks of investigating and sending out a third party investigator which confirmed the rug needed replacing they now say the company that we purchased the warranty

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Sold us a policy that wasn't valid on area rugs. We are not sure who to file claim against. The warranty company, the company that sold the warranty and applied the protection, or the cleaning company that ruined the rug.

Lawyer's Assistant: Have you contacted the manufacturer?

What manufacturer?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The cost of the area rug was $4900.00 and was only 3 months old.

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Answered in 1 minute by:
9/19/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,815
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Which state?

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Customer reply replied 10 months ago
California
Customer reply replied 10 months ago
The protection plan- Ultrashield is out of another state.

Thank you for the additional information.

A warranty is a contract which is enforceable as any other. If the warrantor (or its assigns/successors) is refusing to abide by the terms then you can sue them for breach of contract. Check the terms of the warranty to determine if you can go straight to lawsuit or you are required to go through arbitration first (as is the case in many warranties).

When you sue, since the claim does not exceed $10,000, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

You can also file a consumer complaint with the CA Attorney General.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 10 months ago
The problem is that the warranty company says that the protection & warranty that was sold to us is null a void because they longer issue warranties on area rugs. Even though they sent someone out to clean the rug they are saying that the warranty was sold in error. Each party says they have terminated there dealing with each other.

Unless the warranty provides otherwise, they can not unilaterally terminate it. In other words, while they can decline to issue new warranties, they can not cancel the existing warranties they have issued already and taken in payment for.

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Customer reply replied 10 months ago
I need an attorney to read over the warranty, they claim it was for fabric only but again they sent out someone to clean spots on the rugs on more than one occasion. The policy clearly states it is not a replacement policy. However, the cleaning company they sent out ruined the rug. It would not have needed replacing if it was cleaned properly.
Customer reply replied 10 months ago
Do we have a claim against the cleaning company that ruined the rug? We have contacted them and the gentleman came out to look at rug and wanted to take rug with him. He said he wasn't convinced it couldn't be repaired. Again, we are caught in the middle and wondering who is responsible for replacement.

If a cleaning company ruined the rug then it is not a warranty issue. This is an issue that may be due to the negligence of the cleaner. You can file suit directly against the cleaning company for negligence resulting in the damage to the rug.

You should file against them in small claims.

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Customer reply replied 10 months ago
The cleaning company was contracted/ paid by Ultrashield not us. Is that an issue?

Sue them both for the damage to the rug and let them fight out the liability between themselves.

Either way, if they negligently damaged the rug then it would not matter who paid them. Payment would matter if it were a breach of contract claim.

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Customer reply replied 10 months ago
Do I file two claims or list both companies on suit?

File one claim against both parties with multiple counts.

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Did you have further questions? Please let me know if I have answered your question.

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Customer reply replied 10 months ago
One final question, the warranty company offered to reimburse us for the amount we paid for policies. If we get refund does that compromise the case? All total was nearly $1000.00 paid to protectant company.

If you have to sign a release to get the money then it will compromise your right to make a claim against the warranty company. However, if the cleaner was negligent then you may still have a claim against them, so long as they are not included in the release.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,815
Experience: 30 years experience representing clients.
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Loren and 87 other Legal Specialists are ready to help you
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Customer reply replied 10 months ago
Great! Thank you for your assistance. I will file with small claims court.

You are very welcome. Thank you for using JA.

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