What to do if I purchase a hot tub on line but have had nothing but problems and very poor customer service?

Is there something that I can do to make them replace or take the hot tub back?

Asked on August 19, 2014 under Business Law, Wisconsin

Answers:

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

Answered 6 years ago | Contributor

If the hot tub includes an express (written) warranty and the company fails to comply with the terms of the warranty, you can sue for breach of warranty.

If there wasn't an express warranty, there are implied (unwritten) warranties which are applicable.  There is an implied warranty of merchantability which means the hot tub should be of a quality acceptable in the trade.  There is also a separate implied warranty of fitness for a particular purpose which means the hot tub must be able to be used for its intended purpose.  You can sue the company for breach of the implied warranty of merchantability and if applicable also breach of the implied warranty of fitness for a particular purpose.  You would file one lawsuit with separate causes of action (claims) for breach of each of the above warranties.

As a remedy, in your lawsuit you can seek a refund or replacement of the hot tub.


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