Legal Question in Consumer Law in Illinois

Trying to get rid of useless contract

My husband and I purchased a water conditioner from a salesman who told us it would have our water tasting like Aquafina. Needless to say, it is almost a year later, and we have yet to taste even good water. I have made numerous calls and they have come out twice to ''service'' the conditioner, without positive results. We financed the system and are now stuck paying almost $3600 for something that doesnt work. What can we do?


Asked on 6/28/06, 12:09 pm

1 Answer from Attorneys

Amil Alkass LAVELLE LAW, LTD

Re: Trying to get rid of useless contract

If the product came with a manufacturer's warranty, you may have a cause of action against the manufacturer under a breach of warranty claim. The Magnuson-Moss Warranty Act protects consumers against these types of situations where the manufacturer is unable to repair a consumer product after a reasonable number of repair attempts. The Magnuson-Moss may help you out in this situation if this product was convered under a warranty and the repairs to the product were performed pursuant to the warranty. The Magnuson-Moss Act is consumer friendly in that it provides that reasonable attorneys would be paid by Manufacturer (defendants) upon plaintiff prevailing in lawsuit. Also, assuming the seller of the product did not disclaim any implied warranties, you can probably also sue the seller under a breach of implied warranty claim under the uniform commercial code (see UCC). Good luck, you can always email me with any further questions.

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Answered on 6/28/06, 12:53 pm


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