Legal Question in Consumer Law in Massachusetts

Guarantee terms changed after purchase

If you purchase something with a guarantee that has certain conditions, then the company changed the guarantee conditions to be much more than the original, when you go to ask for the 200% money back guarantee, which guarantee do you have to abide by? The original one at the time of purchase or the new one at the time of being refunded?


Asked on 1/03/06, 1:26 pm

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Guarantee terms changed after purchase

Normally the guarantee in effect at the time of sale, since that is part of the purchase contract, which cannot be changed unilaterally (just by the seller) after the purchase is complete. But you should read the original guarantee to see if it has language that says the seller can change it whenever it feels like it (not much of a guarantee).

It may also depend on whether the fine print was available before you purchased the item, since what you don't know cannot be a part of the bargain, as we say in legalese.

Send the seller a letter, certified mail return receipt, "pursuant to Mass. General Laws Chapter 93A" (assuming this was a consumer as opposed to a business purchase), stating that they violated their guarantee and that you want them to honor it. They have 30 days to give you a written response. If they do not, or if the response is not adequate, you can then sue and collect damages, maybe double or treble damages, and attorney's fees and costs.

Read more
Answered on 1/03/06, 3:40 pm


Related Questions & Answers

More Consumer Law questions and answers in Massachusetts