Legal Question in Consumer Law in New Jersey

I�d like to know if I could file a lawsuit against RightWay Waterproofing (RightWay) for a recent transaction I had with them.

I recently hired RightWay to remediate the damp walls in my basement. I never had water issues (water on the floor or water leaking from the cinder blocks) with my basement other than the damp walls, which I emphasized to RightWay and clearly explained to the RightWay rep that came out to my house. There was an existing working system as well as an existing working sump pump and crock in my house to address residual water from both the floor and the walls (if there were any).

RightWay gravely misrepresented their system as the solution to address the issue I was having with my basement (damp walls). I explained to the Rightway rep I wanted to finish my basement, but couldn't until I addressed the damp walls. It was only after the RightWay rep assured me that their system would address my issue of damp walls that I signed the contract for $10,000.00.

It turns out RightWay replaced the existing working system with their similar system. Both my previous existing system and RightWay�s system are designed to handle residual water from both the floor and the wall.

I contacted the RightWay rep and RightWay several times after the job was installed to voice my concerns about the continued dampness of my walls. They either didn't return my calls, answered and told me they or someone would call me back and never did, or they referred me to the back of the contract regarding my concern.

I�ve filed a complaint with the Better Business Beau (BBB), but I was unsuccessful in reaching a settlement.

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