Can you sue if you were sold a marble counter and told it was quartzite?

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Can you sue if you were sold a marble counter and told it was quartzite?

I purchased a slab for my kitchen less than a year ago. I was specifically looking for something that had an appearance of marble but more durable and a material that would not stain and etch like marble is infamous for. Marble.com had photos of quartzite called classic white, so I went to their yard specifically saying I was interested in their classic white quartzite. We picked a slab and had it installed. Almost immediately we noticed spots and realized over time that it was etching that was taking place over time from food prep on the counter. Well, real quartzite doesn’t etch which is why I wanted it. We had a professional come to the apartment today and he said that our countertop is marble and not quartzite. We can had a thin layer of coating

installed on the top but it costs more than 1K and that will help it look nicer and it doesn’t remove the damage. I paid over 5K for the counter, being told it was quartzite. I would never

have knowingly purchased marble.

Can I sue and how much would it cost?

Thank you in advance for your help

Danielle

Asked on July 13, 2016 under Business Law, New York

Answers:

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

Answered 4 years ago | Contributor

You can sue for fraud.  Fraud is an intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the slab, had you known that it was quartzite instead of marble.
As for how much it costs, this depends on what attorneys in the area charge.
 


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