What to do if I bought furniture a convertable sofa and it broke 1 month after?
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What to do if I bought furniture a convertable sofa and it broke 1 month after?
They came to look at it and told us they were going to fix it. Well it took 2 months from the time we reported it till it was fixed. About one month later it broke again on us and now there saying it has to be fixed again. I really do not want it fixed so it can break again I want new furniture from them. It is never been abused or really used that much we have never even had the obligation to use it more then 1 year yet. They keep telling us it has to be fixed and I feel we deserve new furniture. I wiould like to sue them for new furniture or get the money back that we laid out for this. What can be done?
Asked on May 1, 2013 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If there is a warranty (or other guaranty), you can enforce the terms of the warranty. You have to try to work through the warranty in this case, and give them a chance to make repairs.
If there is no warranty, you could sue them for the return of your money, but would have to prove in court that the sofa was defective as it has been delivered to you and/or was defectively repaired. The fact that it has broken, however, is most likely not sufficient evidence of a defect by itself; rather, you'd need to show that some part was missing, damaged, not installed correctly, etc.
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