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


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.

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