Legal Question in Consumer Law in New Jersey

Saleman misrepresentation

Before I bought a wood burning stove, I asked the salesman for all the design specifications (including the minimum hight)because I was planing on putting it on a platform. He assured me there was no minimum hight and even showed me the installation manual covering the top of the page with his hand. When I went to install the stove I saw the top of the page called for a minmum hight of 7 feet which I don't have. The company stalled me for 6 months and now refuses to take back the stove and refund my money. I have found another stove that will fit my application.

Is there a law that holds the company responcibul for technical information given by their sales staff?


Asked on 7/07/05, 12:05 am

1 Answer from Attorneys
Lavinia Mears Law Offices of Lavinia Lee Mears

Re: Saleman misrepresentation

The law which applies is the Consumer Fraud Act. The CFA prohibits a merchant from making any misrepresentations or omissions when selling goods or services. If a merchant violates the act, he or she can be held liable for three times the monetary damages you incurred, i.e., the cost to replace the stove and any other costs you incurred. The law also requires that once a violation has been proven of the CFA the merchant must also pay for your legal fees and costs.

This firm focuses its practice on consumer law.

Please contact me to discuss this matter further so I can obtain more information about the facts of your case and advise you accordingly.

Lee Mears, Esq.

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Answered on 7/07/05, 12:43 pm


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