Legal Question in Civil Litigation in California
replacement warranty
On 9/12/99 I put a down payment of $1000.00 to have the interior (seats, carpet and wood) replaced in my boat. When I picked the boat up on 11/99 the front two seats weren't like the original ones ie., to small, different shape. I paid the remainder of the bill which was $2100.00. The upholsterer said the seats were the same measurements as the old ones. I showed him photos of the seats that were taken prior to him doing the upholstery work, looking at the photos you can readily see the difference. The upholsterer told me to bring it back after the upcoming holidays and he would redo the seats to my satisfaction. The invoice doesn't have anything written on it about warranties whatsoever. From January/2000 to April/2000 the upholsterer has told me he either didn't have time, money, too busy with other work, will get to it this week or sick employees. The last time I contacted the upholsterer in April 2000 he told me I would have to wait. What recourse do I have and what laws are in my favor. What are your suggestions. Any information would be appreciated.
2 Answers from Attorneys
Re: replacement warranty
Sounds to me like you have a small claims case. I would file immediatly
Re: replacement warranty
You can sue in either small claims court or Civil Court--Limited Jurisdiction, for breach of contract. There is an implied contract that the service will be as expected and not the redesign of the seats.
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