Legal Question in Consumer Law in Texas

Uninformed consumer

11-sep.-04

In Aug. of '03 I purchased materials to cover patio roof. Within 5 months it was leaking water. At the time of purchase there was no litature on manufactors recomendations for installation of this material. The representative told me it could be used as a patio cover and also stated during a brief discussion that he would install it the same way as the fiberglass sheets that were next to the sheets that I purchased. No instructions were provided. Apparently there are these added support materials that were needed for proper installation yet none of this material was mentioned upon sale , had I known of this I would have detoured from these sheets all together. I wrote letters of complaint to the manufactors and sellers both denying any responsibility. 16 sheets at approx. $265 were replaced with different material at my own cost. Whose fault is it that special application instructions for this material was not provided. Is there anything I can do about my loss?


Asked on 9/11/04, 4:03 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Uninformed consumer

Arguably the fault lay with the representative if you asked what was required for proper installation. That will be a tough one to prove, since it was up to you to make sure you knew what you were doing. If you didn't ask the right, specific questions, then it's your baby.

Since your damages are under $5,000, you can go after the seller in Small Claims, and have a chance at recovering something.

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Answered on 9/11/04, 4:28 pm


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