FIIf I purchased faulty flooring, whose responsibility is it to remedy the situation?

UPDATED: May 19, 2012

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FIIf I purchased faulty flooring, whose responsibility is it to remedy the situation?

I  brought hard wood flooring from a national home improvement chain for my entire house; it also installed it. The flooring began to separate immediately. I contacted  the store it sent out the installer he advised them that it was the wood as the temperature in our home was fine. The manufacturer agreed to replace the floors and labor but not the material that was bought to install the floors.  The store advised us that it is negotiating with the manufacturer on our behalf. However, we brought the floors from the store it is treating this like it is simply the middle man between us and the manufacture and it had nothing to do with our purchase. We are purchasing new floors from the store that are more expensive. Aren’t we only responsible for the additional amount for the new flooring? Is the stor responsible for anything?

Asked on May 19, 2012 under General Practice, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the store sold you bad or defective flooring, they are potentially responsible for it, too--a vendor may not sell customers defective merchandise and keep their money. You could hold the store responsible for the cost of the defective flooring; they would be obligated to refund your money or to replace the defective batch. (Obviously, they could negotiate or settle with you to apply the cost of the defective batch as a credit against some other purchase). You could also hold the manufacturer liable in addition or instead, if the flooring was design, manufacturered, or labeled (i.e. as to what conditions it would work under) incorrectly or inappropriately.

The problem, from your perspective, is that if the seller or manufacturer will not voluntarily honor its obligations, you would need to sue them to enforce your rights. One option is to sue the store (which is presumably local) in small claims court, representing yourself.

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 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.

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