What to do if a new TV has stopped working?

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What to do if a new TV has stopped working?

We bought a brand new television 5 months ago but it stopped working 2 months ago. The company has sent out the repair man 4 times. He has replaced 1 part twice and then replaced another today. The television still does not work. It has a year warranty, and they want to exchange our television with a used 1 with a 3 month warranty. We want our money back,. Is there something that we can do about it?

Asked on March 4, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If there's a warranty--as there apparently is--you can keep enforcing it. Look at its terms; if it allows them to exchange it with a used one, they can do it, but if they have to repair or replace with a new one (which is typical), that's what they need to do.

2) Even without a warrantly, if you feel you were defrauded--e.g. knowingly sold a defective TV (e.g. a previously returned one), you may have a cause of action for compensation.

3) Even without a warranty, if the TV was defectively designed or manufactured, you may have a cause of action against the manufacturer.

4) Even without a warranty, if any damages was caused by negligent repairs, that would be something you could sue for.

So you have several different possible causes of action.


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