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    KathyJo1974's Avatar
    KathyJo1974 Posts: 3, Reputation: 1
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    #1

    Jul 20, 2015, 12:42 PM
    Can I sue Sears for misrepresenting a warranty policy?
    I have a 5 1/2 year old refrigerator that needed serviced. The freezer was 30 degrees. Fresh food section worked fine. I called sears repair serice and the guy told me that it wasn't under warranty but he could sell me a warratny that would cover this repair plus all my appliances in my home for 1 year up to $50,000 or replace if couldn't be fixed. He said I had to buy the warranty right then if I wanted this current repair to be covered. I purchased the warranty and a repair man came out a week later and said I has a leak. He ordered a few parts and returned a week later and put the new parts on. The next day the entire refrigerator was broke - lost all food inside the fresh food section since it was 80 degrees. He came back a week later and said the conmpressor is bad now. He ordered it and came back a week later. Meanwhile I get the warratny in the mail stating my warranty isn't effective for 30 days from purchase and this repair is only covered at $500. I was furious! The repair man has been to my house 8 times - replaced the compressor twice and says he still has no clue what is wrong. Sears is only giving me $500 replacement cost. I have been without a refrigerator for 6 weeks. Can I sue them in small claims court for misrepresenting the terms of the warranty and pressuring me into purchasing it? Thank you!
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #2

    Jul 20, 2015, 01:17 PM
    You can try. Anybody can sue Anyone else but you have to realize that Sears probably has some good well paid lawyers behind them. Can you top that? Do you expect us to say, yes ?

    You fell for a really good sales pitch. I personally would have gone out and bought a new fridge if there was some high priced food involved.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #3

    Jul 20, 2015, 01:32 PM
    Also... Whats in writing is what counts. YOU did actually READ the warranty... didn't you at the time? That's what any court is going to use to base any judgment against. Assuming it even makes it that far. Not everyone takes the time to read them... and even fewer actually understand what is written assuming its broadly interpreted... which they aren't. They are quite narrowly interpreted as that's how they were written by lawyers.

    As far as I'm concerned... if the compressor fails OUTSIDE of the original warranty... that's enough cause to buy a new one (refrigerator)right then. And I am fully capable of doing that job myself if I felt it was worth it..
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Jul 20, 2015, 01:34 PM
    Did you record the conversation? What proof do you have that the warranty was misrepresented?

    As noted, anyone can sue anyone, the question is whether you can win. I would put your chances at very slim unless you can prove the person on the phone misrepresented. I would not have arranged for any repair until I saw the terms of the warranty.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,280, Reputation: 7690
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    #5

    Jul 20, 2015, 07:38 PM
    Do you have the conversation recorded? Do you know the name and employee number of the person who sold it.

    And to be honest, you should have also realized it was too good to be true.
    Next it appears that the service person has no idea what they are doing, and is replacing parts not needed to be replaced. You may owe more than a new unit would have cost.

    I will be blunt, I had them come out one time on a real warranty repair, and the person obviously caused more damage than he did good. Sears is about the last place I would use for service or buy any home appliance because of the poor service I have had in the past also.

    How do you prove what the person said,
    KathyJo1974's Avatar
    KathyJo1974 Posts: 3, Reputation: 1
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    #6

    Jul 21, 2015, 04:17 AM
    Quote Originally Posted by smoothy View Post
    Also... Whats in writing is what counts. YOU did actually READ the warranty... didn't you at the time? That's what any court is going to use to base any judgment against. Assuming it even makes it that far. Not everyone takes the time to read them... and even fewer actually understand what is written assuming its broadly interpreted... which they aren't. They are quite narrowly interpreted as that's how they were written by lawyers.

    As far as I'm concerned... if the compressor fails OUTSIDE of the original warranty... that's enough cause to buy a new one (refrigerator)right then. And I am fully capable of doing that job myself if I felt it was worth it..
    They warranty was sold over the phone so I wasn't able to read it. By the time they sent me the warranty the repair man already came and further damaged the refrigerator. The compressor was working fine the initial visit it stopped working after the technician tried to fix the leak.
    KathyJo1974's Avatar
    KathyJo1974 Posts: 3, Reputation: 1
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    #7

    Jul 21, 2015, 04:47 AM
    Quote Originally Posted by Fr_Chuck View Post
    Do you have the conversation recorded? Do you know the name and employee number of the person who sold it.

    And to be honest, you should have also realized it was too good to be true.
    Next it appears that the service person has no idea what they are doing, and is replacing parts not needed to be replaced. You may owe more than a new unit would have cost.

    I will be blunt, I had them come out one time on a real warranty repair, and the person obviously caused more damage than he did good. Sears is about the last place I would use for service or buy any home appliance because of the poor service I have had in the past also.

    How do you prove what the person said,
    Sears has the conversation documented. I was told it originated in the Philippines so I am sure they can figure out the employee and his employee number but when I ask them if it was recorded, they said they will look into it. Sears is covering the repairs in full but unfortunately the technician further damaged the refrigerartor and it is now unable to be fixed. So that is where the problem lies. I'm assuming the employee works on commission and that is why he neglected to tell me all th terms of the warranty and told me I had to purchase it right then and there on the phone or it wouldn't cover the repair. Never again dealing with Sears!
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #8

    Jul 21, 2015, 05:22 AM
    Quote Originally Posted by KathyJo1974 View Post
    Sears is covering the repairs in full but unfortunately the technician further damaged the refrigerartor and it is now unable to be fixed.
    If Sears is covering the repairs, then you don't want to sue Sears for misrepresenting the policy. It sounds like they are, at least partially, standing behind the warranty. If the warranty included a replacement option if it could not be repaired, then I would read that carefully. I doubt if they would give you a brand new fridge, maybe an equivalent. And that is what you should focus on.

    In the past, we have had a rep from Sears respond to posts offering service. Sears monitors social media for just this type of thing. So they may pop in here.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #9

    Jul 21, 2015, 03:05 PM
    I personally don't like third party warranties... they are a lucrative profit center to the vendors selling them (Not just Sears but everyone else too). Usually cost more than they are worth in the long run..

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