Spa Deal gone Bad--Anyone know my rights?

marial1214October 24, 2009

Bought a used spa for 4,000 at what we thought was a reputable dealer. It gets delivered and two months later it is still leaking like a sieve. I was told that it was 2 yrs old, the brain has a 2007 date on it. Let's see that equals 7 yrs. I was told it was sound. The repair men came out 3 times already and the leaks are still present. As far as we're concerned, we appear to be in installation mode since it's not yet repaired to be 'sound.' They upgraded our warranty from 2 yrs to 5 yrs to make ammends but they cannot locate and fix the leaks, after 3 visits.

We asked for our money back this morning. Now they say I bought a used spa and a used spa is exactly that....used. AS IS. Yet they told me it was SOUND on sales day. Now doesnt that sound like misrepresentation to steal our money during this awful recession? To be sound, doesnt a hot tub have to hold its water? Duh.

State: New Jersey.

Will disclose the seller after I figure out what we have rights to do. They refused to give us our cash back. They are now trying to upsell us into a 6,000 model.

Does anyone have a comment?

Thank you for reporting this comment. Undo
bethesdamadman

marial: ". I was told that it was 2 yrs old, the brain has a 2007 date on it. Let's see that equals 7 yrs."

Did you meant to type 2002?

In answer to your question, google "implied warranty." Unless the item was marked "as is," that should cover your situation.

    Bookmark   October 25, 2009 at 12:47PM
Thank you for reporting this comment. Undo
marial1214

Yes that is a typo. The face plate of the brain was marked 2002 with a black marker but the metal plate holding it in place was [heat] stamped 2007. Sorry about the typo.

I read about implied warranties, Thx. Here is what it says on the bottom of my bill of sale: "WARRANTIES SELLER DISCLAIMS. There are no implied warranties or merchantability, of fitness for a particular purpose, or any other warranties implied by the seller, covering the products sold pursuant to the Sales Agreement."

Nothing is marked AS IS either. But I guess these legal words above mean 'as is.'

It seems that ordinary people buy these spas, why would they put a mumbo jumbo legal term in there. Both of us have extensive business educations but neither of us have ever had these terms in any of our under grad or graduate Business Law classes. Hmm. Seems odd to me.

Well we dont want scrap we want the brand new model, if this is what it means to buy a used spa. I dont want somebody else's trash, I really thought I stumbled on a good deal, especially when they upgraded the warranty to 5 yrs.

It's a Calspa by the way.

    Bookmark   October 25, 2009 at 4:28PM
Sign Up to comment
More Discussions
Just because you pay your bills on time.....
doesn't guarantee you have good credit The "Paying...
myfask
refinancing a home
Just learned my interest is 5.25 on our home morgage....
victory_tea2085
help!!! advice needed asap for 2nd mortgage
I need to take out $30,000 in equity for desperately...
nene45
Here's a question for those who pay with cash
It happens occasionally, I'll be in a checkout line...
SnidelyWhiplash
Do I need to give a 1099-misc to the lady who cleans for me?
For the first time ever, I began having a lady clean...
sogofan
© 2015 Houzz Inc. Houzz® The new way to design your home™