What can I do about a defective product out of warranty?
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What can I do about a defective product out of warranty?
I purchased a bedroom set 15 months ago. Then 9 months ago, 1 of the side railings on the bed broke. It was replaced under warranty. This month the other railing on the bed broke in the same exact way as the other side. It became obvious to me it was a faulty design, lacking vertical supports under the bed, as well as cheap material, compressed wood, which is supporting much of the weight of the bed. The bed is now out of warranty and has been discontinued. There are no replacement parts available. The response I rceived from the company was to replace the rail with a metal one. This is unacceptable to me because it will not look the same. I have a matching dresser and nightstands. I asked for a refund on the bed and was denied. I am in California and the furniture store is a national chain. Do I have any recourse, even though the bed is out of warranty?
Asked on December 23, 2011 under General Practice, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, unless you purchased this product thruogh a credit card that actually will help you with merchandise fitness, there isn't much you can do other than to file complaints with your city attorney, the state attorney general for unfair and deceptive trade practices act violations and with the Federal Trade Commission. Begin writing to the head of the company (do not bother with branch managers) or start with the district manager of the national chain. Keep going up until you get this matter resolved to your satisfaction. If you purchased this on a credit card, file a complaint or dispute with the credit card company to indicate the product was not fit for its particular purpose and see if you can have the credit card company help mediate the matter for you.
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