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The company kept postponing replacing a broken item for months. Now item is out of stock and only option is to get sthing we don't like. Can we sue?

1 Answers. Asked on Jul 11th, 2017 on Consumer Law - Florida
More details to this question:
This is a warranty issue. The item is a leather sectional sofa that started pealing. We have a warranty on it and called the Company. They agreed to repair and said ireplacement covers need to be delivered from China (at this point the couch was in stock in their stores). 3 months larter we received one cover when we actually needed four. The Company said the rest of the covers are ordered and will be delivered soon. After another few months and number of calls, no other covers were delivered. Instead we were informed that our model got discontinued and they cannot replace/repair any longer. Now the Company is giving us the following options - we can earthier choose a couch from what they have in stock (considering the price of our couch which was $2,600) or get a refund of the $300 we paid for the warranty. Unfotrunately we don't like any of the couches they currently have, but settling for $300 is also not acceptable. Any advice will be greatly appreciated.
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Answered on Jul 11th, 2017 at 5:17 AM

You may be able to sue for a refund but it depends on the terms of the warranty and your willingness or ability to fund and litigation. 

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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Consumer Law
Most--but not all--businesses act ethically and honestly. If a company fails to honor a product's warranty, or is violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act, or refuses to replace a defective product under state lemon laws, you may need a strong advocate on your side. An attorney whose practice focuses on consumer law can work tirelessly to see that you are treated fairly and afforded all of the consumer rights and protections afforded to you under state and federal laws.
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