Legal Question in Consumer Law in Texas

Wrong equipment installed in home

I contracted to have a water softener and reverse osmosis (RO) unit installed in my home. The dealer subcontracted the installation to a plumber. The plumber installed the wrong RO unit. It was an upgraded unit from the one we agreed on. The dealer's salesman noticed that the unit was an upgrade when he came to collect the check, but said that if the plumber didn't have the correct unit, they sometimes will put in an upgrade. I started using the RO unit. Later, the dealer called and said that they wanted to come out to the house and replace the upgrade or I could keep it for $300.What obligation am I under to let them come into my house and replace the upgrade with the one contracted for? It seems to me that the dealer and the plumber should work this problem out between them, since it was the plumber's mistake...or was it?


Asked on 9/22/05, 9:06 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Wrong equipment installed in home

The answer is in your question; "...the one contracted for?"

Flip it around and assume that you purchased the upgrade, but they installed the lesser unit because the plumber didn't have the upgrade. Would you say that you'll keep the lesser unit and that they should work it out because of their mistake?

I'd expect you'd want the unit you contracted for.

Read more
Answered on 9/23/05, 9:34 am


Related Questions & Answers

More Consumer Law questions and answers in Texas