What can we do about defective carpet that we purchased?

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What can we do about defective carpet that we purchased?

We purchased carpet from a home improvement chain and had them install it. After about 18 months the carpet began having ripples in it. The store sent a company out to stretch it but then it happened again around the 4 year mark. So and they stretched it again. Now as we are now nearing the 8 year mark for this carpet and called them once more about the carpet problem. They sent out a carpet expert who in turn stated that the carpet was defective and now the store is stating that since they cannot recoup the money from the manufacturer that they cannot help us. Do we have a case against them for selling a bad product?

Asked on July 20, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So this has been a continuous problem for over 8 years, correct?  What always worries an attorney is the statute of limitations on bringing an action as against a party for a wrong to their client.  Here you have a breach of contract claim.  The statute of limitations for a breach of contract claim in Texas is 4 years, but do not panic just yet. It is 4 years from the date of accrual - the time that the statute begins to run - and it is said that accrual occurs immediately upon breach.  But when the breach occurs can be hard to determine.  A cause of action generally accrues when facts come into existence which authorize a claimant to seek a judicial remedy.  So I think that here there was a continuous contact about the carpet and continuous service rendered and that you may be able to bring a breach of contract claim even at this late date.  Good luck. 


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