Legal Question in Consumer Law in Pennsylvania

Purchased a hot tub for $9,000. A year and a half after purchase noticed discoloration in finish. Called company. Company states they will look at it in spring. In spring company came out and peeled off the discolored finish to find a crack that had been repaired. Company claims they knew nothing of the repair. The hot tub was purchased as "used demo" with no mention of a repair. Would like legal advice...can we sue the company?


Asked on 6/02/10, 5:03 pm

1 Answer from Attorneys
Rachel Hunter

Is this still under a warranty? I am guessing that since you bought a demo model, the hot tub was damaged while it was still under the dealer's control. If so, your recourse, if any, might be against the dealer, not the manufacturer.

Why not have the hot tub evaluated by your own independent guy? Depending on what you learn, get the dealer and the manufacturer involved if necessary. This may have nothing to do with the crack and might really be a defect in manufacturing, but its not possible to know absent an evaluation. The manufacturer will not be liable if the dealer is the one that damaged it.

You could see if the dealer/manufacturer will help you pay for the evaluation. Also, see if there is a body in the hot tub industry that performs the evaluations and get the dealer/manufacturer to abide by the findings if it turns out that either of them are to blame.

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Answered on 6/03/10, 3:27 pm


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