My wife and I bought a brand new top loading washing machine 3 months ago. A few weeks ago, the washer starting making a loud grinding noise. We called Lowe's where we bought it and they said to contact Samsung. We are now on 4 visits from the Samsung repair company and they still have not fixed it. We have pleaded with them to replace the unit because its obviously defective but they refuse to. Do we have any legal recourse in getting a new washer considering this one is faulty?
I switched this to consumer law since lemon laws fall under this area. Product defect goes to personal injuries related to a defective product.
I do not handle this area of the law but generally a vendor gets so many chances to fix an item before you are allowed to sue. I would take this up with a consumer law attorney.
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" We are now on 4 visits from the Samsung repair company and they still have not fixed it. "
Tell them that they have "attempted repair" 4 times in 3 months, it is still defective, and you want a full refund or you will see them in small claims court. Then proceed accordingly.
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Sorry for your issues. Samsung knows they've violated CA lemon law, but, they think they can wait you out. I had a similar case about two years ago on a fridge. It was for a friend of mine. Samsung tried to string it out for over a year and did so successfully. BUT, in the end they had to take back the fridge, and pay for my fees. I'd venture to guess that if you hired counsel you would end up (if they are competent) getting the relief you seek, based on your posted facts.
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It sounds like you already have a valid claim for a replacement under the Song-Beverly Act. You should reach out to one of the Avvo consumer attorneys for a consultation.
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