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How can I sue for breach of warranty?

Orlando, FL |

I bought a sofa from an Orlando company. The purchase was online and it was shipped to me. I do not live in Florida.

The sofa has some damage which is covered under the warranty. The company is refusing to fix the sofa. What are my options?

Do I need to fly to Orlando and take them to small claims court? Do I need to take multiple trips... 1 to file the claim and then 2 to come to the court date?

Would it be better to hire a local lawyer? The problem is, this si probably only a few hundred dollars fix so it might not be cost effective to get a lawyer.

I need to do something though. I can not just let a company walk all over me. Any advice? Thanks

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Attorney answers 1


What does your warranty say? You need to review it, since it governs your rights and provides the agreement for which forum (state and court) you can sue in, or whether you have to arbitrate, or give the company notice of the defect and e.g., 30 days notice to cure.

Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.