Do I have the right to demand partial refund for the repair not made on my big screen television? If so, do I need a lawyer?

Asked almost 4 years ago - Houston, TX

I had my big screen TV repaired at an independent shop. The repair was very costly, over 900.00 dollars. After the engineer returned the TV. It experienced the same problem. I called him that day and he returned in a couple of days to pick up the TV. He returned it a second time and it had the same problem. The repair came with a ninety day warranty and the engineer would like to try a 3rd time to fix my TV. My problem is I have lost confidence in his ability to make a repair on this television and I will not let him try again. This problem has existed for almost a month.

Attorney answers (2)

  1. Ronald Lee Burdge

    Pro

    Contributor Level 20

    Answered . When you take something to a repair shop for them to do any kind of work on your property, be it a tv set or a car or whatever, you have the right to expect the work will be done right. And unless they use special language to avoid giving you a warranty, in most states you automatically get a warranty that they are going to do the work in a "good workmanlike manner." That basically requires that they do the repair or service work right. If they don't, then you have a right to recover damages for what they do wrong or the damage they cause (or, if they don’t return your property at all, for the value of the property itself). But you have to be able to prove that the reason for your new problems is something that the repair shop did or did not do. In other words, you have to be able to show that it was fault of the repair shop. The first thing to do is ask the repair shop to fix it. Your obligation is to give the shop a reasonable chance to get it fixed right and their obligation is to get it fixed. If they don’t get it fixed, or won’t do it under their own warranty, then you have the right to get it fixed somewhere else and then hold the first repair shop liable for the repair cost. If the cost is less than a thousand dollars or so, you may be able to sue the shop in your local small claims court without needing a lawyer. Doing the repair work badly may also violate other consumer protection laws in your state. Because the law is different in each state you need to talk to a local Consumer Law attorney. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give me a thumbs up review below. Ron Burdge, www.BurdgeLaw.com

  2. Adam S. Alexander

    Contributor Level 12

    Answered . You potentially have a claim for negligent repair. You may also have a local consumer protection statute that may apply to your situation. Most states have consumer statutes which allow payment of your attorney fees in cases like this. I would contact an experienced consumer protection attorney in your area. You can find one at www.naca.net.

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