Legal Question in Consumer Law in California

Returning faulty appliance

Hello,

I purchased a washer / dryer unit from Sears on May 26, 2006. It was delivered in early/mid June. On August 31 I called to have the faulty unit serviced. I have since had 7 appointments and 5 repairmen to my house and the machine has still not been fixed. They have offered to replace the unit with a new one, but I get the feeling I would just be getting another inferior product. I would prefer to cancel my purchase and recieve a refund, however Sears has a return policy within 90 days of purchase. While it is now past 90 days, I did make my first call to their service department for help within the 90 day timeframe. Does this have any bearing on things or am I stuck with this lemon?

Thank you,

Rich Wangler


Asked on 10/10/06, 1:55 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Returning faulty appliance

Google on [UCC 2-608] (and see Cal. Commercial Code Sec. 2608 at leginfo.ca.gov), "Revocation of Acceptance." You should be able to find sample letters you can send certified mail RRR, followed up by a small claims lawsuit.

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Answered on 10/10/06, 2:16 am


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