If I bought a mini-bike that stopped working after only f5 hours of use, how can I get my money back from them?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I bought a mini-bike that stopped working after only f5 hours of use, how can I get my money back from them?

I have daelt with the manufacturer at great length in an attempt to get them to act on the warranty. They keep shuffling me around. Tired of the problems, I took it back to the seller (a national chain) for a full refund. They are using the my state’sCOOLING-cooling off period stunt on me, as a reason to not refund me. I am not just changing my mind on the item, it just doesn’t work and I am not satisfied with it.

Asked on April 18, 2012 under General Practice, California

Answers:

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

Answered 9 years ago | Contributor

Depending on the provisions in the express warranty, you can sue the manufacturer and the seller for breach of the express warranty.  Your lawsuit should also have a separate cause of action (claim) for breach of the implied warranty of merchantability.  The implied warranty of merchantability means that the mini-bike has to be of a quality acceptable in the trade.  Since it failed after such a brief time, it is not of a quality acceptable in the trade and therefore constitutes a breach of the implied warranty of merchantability.  Implied warranties are unwritten.  Express warranties are written. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption