Legal Question in Consumer Law in Texas

Threatened with lein for nonpayment for defective product

We ordered window blinds & some did not function acceptably. We told vendor this when his guy was installing them. After 4 mos, 2 repair visits, and lots of waiting, we want to return them to vendor. We have paid for all except the ones we won't accept. We don't want replacement blinds since the defect is inherent in the design. We weren't shown working samples prior to order.

He says we must pay him and our only recourse is mfg warranty (which haven't seen copy of). Says he won't take them back since they are ''custom order''. Order does say ''no cancellations'' but we didn't cancel, just tried to refuse delivery of defective items.

Can he enforce payment even though we offer to return items? He said he would put a lein on our house, with interest, and doesn't need a judgement against us to do so...is he bluffing? Our last check said paid in full on it, if he cashes it, will that protect us?

Thanks for help.


Asked on 12/14/01, 9:14 pm

1 Answer from Attorneys
Brandon Manus Manus Law Office

Re: Threatened with lein for nonpayment for defective product

I recommend looking at your contract for any clause that discusses warranty of the goods installed. You stated that the blinds were not working properly when they were installed; if that was the result of the installation itself you may have a claim against the installer. If the product was defective, then the product may need to be returned to the manufacturer. However, if the vendor installed a product that he knew was defective when he installed it, then you also have a claim against him. The vendor may place a lien against your house if you refuse to pay.

Before that happens, I recommend that you write a letter to the vendor, tell him what the problem is, what is needed resolve the issue, and that if he fails to take action or answer, you will seek relief throught the Texas Deceptive Trade Practice Act. Send the letter to the vendor via certified mail with return receipt. Be advised that sending this demand letter will have an effect on the statute of limitations for a Deceptive Trade claim. If the letter does not help to resolve the problem, you can file suit. Your letter did not mention the amount in question, but if it is under $5,000.00, you have the option of suing in small claims court. This can be done either by you personally or an attorney. The Justice Courts will assist you with information to file suit. If the amountin question is over $5,000.00, then suit will need to be filed in another court.

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Answered on 12/15/01, 9:46 am


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