Legal Question in Consumer Law in Texas

Product Misrepresentation
I spoke with A at a scratch & dent store. He said, yes, I have a new freezer for $250 that has a few small scratches and dents on it. I then went in to look at the unit. A was not there so I talked to B(Manager/Owner). It looked brand new minus a few dings on the outside. B said it was a couple of years old. He then said that because of the features on the handle(low temp alarm, quick freeze button and power on button) the unit was newer because those are new features. I took the model number down and went home hoping to find info about it. I couldn't so assumed I copied the model number down wrong. Based on the fact that A and B said it was new/newer, I looked at the unit myself, a new one like that starts at around $500 and B said it would come with a two year parts and labor warranty, I decided to buy the unit. Total with delivery and tax was $316. I looked at the unit closer when I got home and found that it was manufactured in 05/95; thirteen years old! B offered to swap it out the following week when he got more units in. That was a month ago and still nothing. I waited two weeks to plug it in and now see that it runs 95% of the time on the lowest temperature setting. Do you think I can get my $ back in small claims court?

Asked on 3/30/05, 4:31 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Product Misrepresentation

Probably. Of course they'll swear up and down that they never said that, so you're going to have a hard time convincing the judge.

Answered on 3/30/05, 5:27 pm

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