Legal Question in Consumer Law in California
A consumer purchased a set of car wheels from an online company. The website specifically states that all wheels will "perfectly fit" the specific year, make, and model of the customer's car.
The customer, upon receiving the wheels, had a shop mount the wheels onto tires at a cost of $170 without pretesting fitment, acting on the knowledge that the company's statement regarding fitment was true.
As it turns out, after attempting to install the wheels (with tires mounted), the wheels DO NOT fit. The company agreed to refund the cost of the wheels (shipping was free). However, the $170 out of the customer's own expenses is unaccounted for.
Is this a case of misrepresentation in express warranty by the company? As the $170 expense is a consequential damage, does the customer have a right to be compensated for that?
2 Answers from Attorneys
Yes, it wouldd be a consequential damage and should be compensated. That is because the company guaranteed it to fit, and you would not have incurred those expenses but for the guarantee that they would fit.
Mr. Marman is right. Trouble is, good luck collecting $170 in Small Claims Court from an online company.
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