If Sears sold me a defective appliance with knowledge of the issue am I able to take legal recourse?

UPDATED: Sep 30, 2022

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If Sears sold me a defective appliance with knowledge of the issue am I able to take legal recourse?

Not too long ago my fridge went out, so I went to a Sears outlet store where they sell old floor models/models that were dinged or scratched during shipping. Purchased the new fridge and within 30 minutes of it arriving there was an error code, I went to look in the manual to see what this code meant and it was already circled, someone on Sears end was fully aware of this MAJOR issue with the appliance and they sold it to me anyways. The fridge didn’t work at all, and it took them a week to get a replacement out, needless to say my food didn’t make it until then.

Asked on February 2, 2017 under Business Law, Florida


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

Answered 5 years ago | Contributor

You can sue Sears for 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 bought the refrigerator had you known it was defective.
Since the refrigerator has now been replaced, it would appear that your only damages (the amount of compensation you are seeking in your lawsuit for fraud) would be the loss of the food and that would be a Small Claims Court case.

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