What to do if I bought a bad carpet and it has worn in less than 2 months?

I bought a roll of carpet from a retailer at a discount. I was told that the carpet was a running line and perfect but since I was getting it at a discount, it did not come with a manufacturers warranty. Then 2 weeks after I had the carpet installed (by a different reputable flooring installer) it started developing corn rows. It is a manufacturing defect in which the carpet resembles rows of corn. It looks terrible within 2 months. When I contacted them byt they told me there was nothing that they can do. However, if it was a running line, it would have a warranty. Conflicting? Am I stuck?

Asked on June 2, 2012 under General Practice, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although the carpet did not come with an express (written) warranty, there would still be implied (unwritten) warranties.  One implied warranty which would be applicable would be the implied warranty of merchantability, which means that the carpet is of a quality acceptable in the trade or profession. 

Since the carpet was not of a quality acceptable in the trade or profession, you could sue the manufacturer and retailer for breach of the implied warranty of merchantability.  You can file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the amount you paid for the carpet plus court costs.  Court costs would include the court filing fee and process server fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.