What to do if I bought furniture a convertable sofa and it broke 1 month after?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.


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