What are my rights if I had a new vinyl floor installed in my home that was found to be defective?

The company who installed it has agreed to come in and take it out and replace it with a new floor. Am I also entitled to have them remove and replace the moldings around the floor and doors that I had to do the first time around, and they no longer have my floor style in stock and are telling me I need to pick another one. Do I have any limitations on the cost of the new one? Can I take them to small claims court, and how much will that cost?

Asked on October 7, 2015 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1 Yes, if they installed a defective floor, they should have to pay all costs associated with that act, such as the cost to replace/redo moldings, etc.
2 You should only get a credit for the cost of the flooring up to the cost of the flooring you had previously picked, but if you want something more costly, you should be able to pay the difference.
3 If they won't fix the problem or provide you compensation, your recourse is to sue them for breach of contract, breach of the implied warranty of fitness for its purpose and/or the implied warranty of mechantability, and/o for negligence carelessness in doing the work.


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.