Legal Question in Consumer Law in California

Wood floors do not meet expectations

We purchased wood flooring several months ago and they have not lived up to the expected wear and tear as advertised or promised. The ''engineered'' wood has a 15 yr finish applied at the factory and is supposed to provide superior resistance to scratching and everyday use, however we have several large scratches and the finish is separating from the wood planks in multiple spots. I have called my local retailer to have someone look at the problem but they have not come out. I am tired of calling them. To complicate the issue, we have two dogs. The manufacturer of the floor states that they do not warrantee against pet damage, however, they do not specify what they consider damage. We own a second home which has hardwood floors and they have performed wonderfully for years with the same dogs and level of use. What are my options for recourse?


Asked on 4/01/03, 12:36 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Wood floors do not meet expectations

from the facts thus far, was the damage to the floors "normal wear and tear" or directly due to "pet damage"? you may want to have an attorney read over your purchase agreement to determine the language of the warranties as well as what constitutes "pet damage". but, as it stands right now, you may have causes of action against the seller for breach of express warranty, breach of implied warranty of merchantability, breach of of warranty of fitness for particular purpose, and/or tortious misrepresentation. if you would like further legal assistance and/or representation, email me today with more details.

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Answered on 4/01/03, 12:44 pm


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