Legal Question in Consumer Law in New York

let me rephrase the question with more detail. My mother in law bought me a luxury watch from an internationally recognized brand at their authorized dealer in Hong Kong as a wedding gift. It is around 21000 USD and it has international warranty. Have the watch for about 7 months and it has already been in service 3 times. Spoke to the authorized dealer in hong kong about the issue and they said once the watch is sold then i have to deal with the watch company directly. Tried to deal with the watch company because they are the manufacturer of the watch so they should be responsible for the defective product but they said once the watch is sold to an authorized dealer, they are no longer liable for the piece and the only thing they can do is to service the watch under warranty. I understand nothing is perfect but servicing the watch 3 times within 7 months doesnt make sense to me at all. So who is responsible, the watch company or the hong kong authorized dealer and what action can i take regarding this situation?


Asked on 12/12/14, 10:15 pm

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

They are both liable. You can not reason with foreign retailer; they know you can not reach them. Send a letter by certified mail to retailer and local authorized dealer+repair center, explaining the history and your right to a replacement forthwith or institution of legal action for compensatory and PUNITIVE damages.

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Answered on 12/13/14, 8:04 am
kevin connolly Kevin J. Connolly

You have a claim for breach of the warranty of merchantability. One would have to review the sales literature, which may have tried to disclaim that warranty, but you're going to sue for that anyway. The tactics will need to be reviewed with the attorney. If we can fit this under the Moss-Magnusson warranty act, you may receive attorney fees on top of the award. Write or call 516-242-1453 if you wish to discuss,

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Answered on 12/14/14, 10:39 am


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