Legal Question in Consumer Law in Virginia

small court filing for internet purchase

Hi, I recently purchased a dishwasher on ebay of a company located in NY. I live in VA. The dishwasher is defective and leaked in my basement damaging a drywall and carpet.

1) Do I file a small court claim in NY or VA?

2) Can I request a refund for the dishwasher, shipment AND the costs to replace the carpet?

3) The company changed ownership after I purchased the dishwasher (go figure). Do I have chances of success?

Thanks so much!

Chris


Asked on 10/09/05, 1:09 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: small court filing for internet purchase

Yes, assuming that the diswaher is still covered by the standard warranties normally given for such products, you should make the claim to the company (irrespective of new ownership)for the items which you've suggested. If they refuse

you could certainly file a case against the company in small claims court in New York. (I doubt that any action would be viable against them from Virginia if the company's only commercial contact with the state is through the Internet.)

You might also look to ebay to see whether they might offer any type of recourse for your particular situation, and, if you paid for the dishwasher by credit card, you might want to consider placing the matter in contest with your card issuer and request that they do a charge back on the purchase.

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Answered on 10/09/05, 2:59 pm


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