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Spa Deal gone Bad--Anyone know my rights?

Posted by marial1214 (My Page) on
Sat, Oct 24, 09 at 18:03

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?

Follow-Up Postings:

RE: Spa Deal gone Bad--Anyone know my rights?

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.

RE: Spa Deal gone Bad--Anyone know my rights?

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.

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