Q: Four months ago we bought a brand new, expensive bed, but it is on the fritz. It is supposed to be able to contour up, down, lie flat, all that, with a hand held device. It just does not work. What is our recourse?
P.H., Westchester
A: There are various options, one being to communicate with the store, or review the paperwork you received with the bed (which likely includes a warranty) and follow up.
In addition, the California Song Beverly Consumer Warranty Act is useful. Many think of it as “the Lemon law”, which applies only to motor vehicles. In truth, it has broader application. Bottom line, if the manufacturer, or its authorized dealership, cannot conform the bed you bought to an express warranty within a reasonable number of attempts, it must then promptly (ie, with little or no delay), replace or repurchase the product. In addition, you may also have a basis to claim some damages.
Another option is to send a written rescission notice and demand to the store and/or manufacturer. This means you give them back the bed in return for what you paid because there is a lack of consideration (you did not get what you bargained for). There are other bases for rescission you may consider. Take a look at California Civil Code Section 1689, which you can easily find online. The store or manufacturer may, however, try to insist it be given opportunity to repair the bed, or replace it as opposed to giving you back your money.
There is another avenue that comes to mind, based on the Right to Repair Act recently enacted here. Thereunder, with limited exceptions, the manufacturer of the product (in this instance, your bed) is required to provide consumers, like you, and repair facilities with tools, parts, software and documentation to assist repair. This obligation applies to a variety of electronics and appliances, and extends three years for products priced at $50 to $99.99, and seven years for goods over $100 (which no doubt is applicable to your new bed).
Further, you could complain to the Bureau of Household Goods and Services (BHGS), which is part of the California Department of Consumer Affairs. BHGS has authority over a variety of businesses, including household movers, appliance service dealers, furniture and bedding wholesalers (and retailers) and custom upholsterers. You can find the online complaint form at the Bureau’s website. It will ask for certain details, such as the business name, location, person you dealt with, date of purchase, nature of your complaint, and how you would like to see the matter resolved.
From the BHGS website: a) A service dealer may not begin work or charge you for repairs, until you are given a written estimate, and you have specifically authorized the repair; (b) The estimate must include all costs for parts, labor, and the initial service call, including all transportation and travel charges; (c) A dealer can revise an estimate but is to obtain your authorization for additional repair and charge(s); and (d) The dealer can obtain your authorization by phone, but there are key pieces of information that must be noted on the service invoice, such as date and time, phone number called, and the name of who authorized the additions.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
