Legal Question in Consumer Law in Utah

Internet Purchase

I purchased a new spa from a seller in the Internet. The manufacturer is located in the state of Utah. The spa was installed in May 2001 and it carried a manufacture's waranty of 3 months. The spa has not worked properly from day one in that the controls failed to operate the jets and the water temperature. I reported the discrepancy to the manufacturer immediately. They shipped spare parts and a tech replaced all parts esxcept for the motor, which operates properly. This did not correct the problem and, after two more visits by other techs and more replecement of parts, the problem persists. The tech told me the manufacturer has not paid him, thus he is not coming back. The manufacturer does not return my calls. This has been going on since May 2001, the spa has never operated properly and I have not been able to use the spa to date. I filed a complaint with the Utah BBB; still no response from manufacturer. What can be done? Thanks for your help.


Asked on 2/08/02, 9:28 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Internet Purchase

Contact the Utah Attorney General's office of consumer fraud. They can sometimes motivate a business to cure such problems. Your other course of action is to sue the manufacturer for breach of contract and breach of warranty. Note: the longer you wait the less your chances of recovery will be. Undoubtedly there are others who also got defective spas. If the manufacturer was responsible they would have replaced your spa and paid the warranty-repair man.

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Answered on 2/08/02, 10:40 am


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