Legal Question in Product Liability in California
I bought flooring from a flooring store. The carpet started fuzzing and wearing almost immediately. I called the store, they filed a claim with the manufacturer. The mfr's rep came out as well as an "independent" inspector. They took a piece of the carpet, tested it, concluded that there was no defect and denied the claim. I think the Dealer (flooring store) should replace the carpet, but they are refusing. They say they do not warrant the carpet, only their labor, and that I have to go after the manufacturer. I have called the manufacturer and they just say no. Shouldn't the Dealer have to replace the carpet since they sold it to me?
1 Answer from Attorneys
If the dealer's paperwork properly disclaimed warranties and only promised the maker's warranty, then they have no obligation to you.
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