Can I sue a company for having me purchase a waterproofing system that I didn’t need?

UPDATED: Sep 30, 2022

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Can I sue a company for having me purchase a waterproofing system that I didn’t need?

I signed a contract with a well known waterproofing company to have my
basement waterproofed under the impression that by having this system
installed my walls would no long have mortar seep out of them. I made it very
clear to the two sales men that came to my house that I was only concerned
with the mortar seeping and that my basement had no history of water entering
it. They told me that I couldn’t just have my walls sealed off because thee
underlying moisture would eventually deteriorate the cement and that by
signing a contract that night they would install a system that would drain my
walls of moisture and stop this problem.They told me I had to sign it that
night because if not they couldn’t guarantee this ‘special price.’ They
installed the system which did NOTHING.10,000 and several phone calls later
I’m left with nothing but the run around from this company whose OWN EMPLOYEES
told me I should have never been sold this system because it’s ineffective on
the type of basement I have.

Asked on December 29, 2016 under Business Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the company for breach of contract and fraud.  Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have signed the contract and paid ten thousand had you known the true facts.
Your damages (monetary compensation you are seeking in your lawsuit) would be a refund of your $10,000 plus costs incurred in repairing the damage to your basement caused by the company.

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 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.

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