Sears botched repair-measure of damages?

[ohwonderful]

What is the name of your state? California.

Perhaps you can help me. I called Sears for home service to replace a broken knob ($20.29) on my (6 yr. old) washing machine (starting two months ago.) After each successive repairman (8), 5 actual in-home visits, 2 more blown-off (by Sears) appointments, and 3 more cancelled (by Sears) appointments, more than 14 parts later (including pointer timers, cam timers, knobs, motors, etc., that were fine before the servicemen got at them) that evidently the servicemen didn't know what to do with, and two letters to Sears Corp. (Customer Relations and Legal dept.), Sears contacted me to tell me that the machine was irrepairable (I had been told the knob I initially called to have repaired was a "5 minute job"), and that they would not service the machine because I photographed and videotaped the repairmen (fully disclosed in advance for my "quality control" purposes, showing their comedy of errors.)

I only want my washer to work. Sears refused that offer. The CA BBB and BEAR have been unable to secure Sears' cooperation in any resolution. So, how should I calculate my damages, and what would be my legal citiations/references for damages? I've lost a lot a time at work (my employer is not happy), and I had an operating washing machine (even without the knob, two independent appliance repair co.'s I consulted won't touch it), paid for parts and labor, and am doing laundry at my mother in law's (ugly.) If Sears could fix the washer, I'd walk away happy, but they won't and can't.

Your ideas are appreciated. K

 

[wayne-o]

wow sounds like a nightmare. I had a problem with my washer and Sears as well. I spoke to a district manager, who was in a meeting and explained how Sears had blown off two appointments and how his assistant had more or less told me that he was "too busy" to deal with customers. I also showed him my Sears account info and explained what they would be losing if they didnt make this right.

Sears replaced my washer free of charge. I thought this was pretty amazing service.

 

[ForFun]

So, how should I calculate my damages...

In breach of contract cases, you can successfully sue for actual damages that were reasonably foreseeable.

Example:

- Sears contracted to fix the knob for $20, Sears did not fix the knob, and you had to have it fixed by Joe's Shop for $30. Your actual damages are $10.

- You missed 1 day of work for Sears to fix the knob, and a 2nd day of work for Joe's Shop to fix the knob. You make $100 per day. Your actual damages are $100.

- Your total damages are $110.

Here's the problem with your case:

Rub #1: You are only entitled to damages that are reasonably foreseen in the event of a breach. But Sears doesn't know what your work schedule is, how much you make, etc., so it could not reasonably foresee that you would incur $100 in damages if it breached the contract and forced you to take an additional day off from work.

Rub #2: Sears probably did not breach a contract in the first place. Most likely, no contract existed. Fixing the knob probably entailed much more work than anticipated (not their fault), and any prices and timetables given were merely estimates.

 

[xylene]

In breach of contract cases, you can successfully sue for actual damages that were reasonably foreseeable.

Example:

- Sears contracted to fix the knob for $20, Sears did not fix the knob, and you had to have it fixed by Joe's Shop for $30. Your actual damages are $10.

- You missed 1 day of work for Sears to fix the knob, and a 2nd day of work for Joe's Shop to fix the knob. You make $100 per day. Your actual damages are $100.

- Your total damages are $110.

Here's the problem with your case:

Rub #1: You are only entitled to damages that are reasonably foreseen in the event of a breach. But Sears doesn't know what your work schedule is, how much you make, etc., so it could not reasonably foresee that you would incur $100 in damages if it breached the contract and forced you to take an additional day off from work.

Rub #2: Sears probably did not breach a contract in the first place. Most likely, no contract existed. Fixing the knob probably entailed much more work than anticipated (not their fault), and any prices and timetables given were merely estimates.

I don't think she is alleging a breech of contract. Her complaint seems to be that incompetence in executing the repair resulted in damage to the washing machine, evidenced by the fact that pre-repair the machine was operational, after the repair attempt - machine is inoperative.

 

[BL]

http://www.repairclinic.com/

Reveiw here , then file .

File a complaint with your nearest Attorney General's Office of consumer Affairs .

 

[ohwonderful]

Further query

Thank you for your posts. May I respond/query:

1. The washer was fully functional before the Sears repairmen came to replace the knob (the "core" could be easily be turned; the washer worked fine pending the first repair effort; the knob was cosmetic.) The washer is now non-functional. Do they have no responsibility for any of this?

2. I paid Sears for parts and their fixed "knob replacement fee". Is that not a contract? (Each time, I signed paperwork, the back of which says "Satisfaction guaranteed or your money back.")

3. Also, while it may be not their fault if repairs didn't go as anticipated, would it not be their fault if they sent all these "repairmen" who didn't know how to fix the problem, and made it so much more damaged that the machine went from operational to irrepairable? (On video, i have repairmen confessing that they've never done washers, only refridgerators, or don't know what the parts or for, or calling on cells to ask where parts go.) I'd be happy just to have the machine restored to the condition it was in before they got at it.

I'm thinking of it like this: If I took my car to the dealer to get say, a door lock fixed, would the dealer be allowed to return my disassembled car to me on a flatbed truck, declare it a total loss (engine ruined, transmission dropped, etc., etc.), and walk away scott fee? Plus, I've had to pay for that?

Wow, that's tragic.

 

[BL]

I'd really hate to ruin your day , but video taping repairs , as a repair man , or CO. , I wouldn't come back or respond either .

Present everything except the video tapping in your complaint to the OAG .

 

[ohwonderful]

To BL

Quite honestly, nor would I. (Criminals ought not return to the scene of the crime.) But if I had been, I'd expect to be called on it.

Thanks for your (and all) for your replies. K

 

[ohwonderful]

Contracts-Torts-Damages

Every person is responsible for injuries caused by his or her lack of ordinary care. (Civ. Code, § 1714.) In addition, “the same wrongful act may constitute both a breach of contract and an invasion of an interest protected by the law of torts.” (North American Chemical Co. v. Superior Court (1997) 59 Cal.App.4th 764, 69 Cal.Rptr.2d 466, citing 3 Witkin, Cal. Procedure (4th ed. 1996) Actions, § 139, pp. 203-204.) Assuming that signed, paid, service receipts constitute a “contract”, that “carries with it both the reasonable expectation and implied at law promise that it will be performed with reasonable care”, and failure to perform such services gives rise to “a remedy in tort as well as contract.” (See North American Chemical Co., 59 Cal.App.4th at 785-87.)

If not, “[t]ort damages are awarded to compensate a plaintiff for all of the damages suffered as a legal result of the defendant's wrongful conduct. Civil Code section 3333 defines the standard by which such damages are measured: ‘For the breach of an obligation not arising from contract, the measure of damages ... is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.’” (Id.)

Really just wanted to know whether the loss should be depreciated value or replacement value. (Nobody's will to repair it.) Thx, K

 

[ForFun]

If Sears ruined the machine, then you do have recourse for that (I overlooked that in your first post). However, Sears will likely claim that the machine is old, that it would have broken soon anyway, and that it used reasonable care (to further your mechanic/car analogy, you can't blame the mechanic for breaking off a bolt if it turns out that the bolt was rusted to the core). I suppose the cause of the machine breaking will need to be determined.

If you win your suit, you will be entitled to the depreciated value of the machine, not the replacement cost.

 

[ForFun]

2. I paid Sears for parts and their fixed "knob replacement fee". Is that not a contract? (Each time, I signed paperwork, the back of which says "Satisfaction guaranteed or your money back.")

If you paid for the service, then yes, I'd say a contract for exists. Even so, was your contract to have Sears fix the knob, or was it to have Sears fix all underlying problems that may prevent the knob from being fixed? I suspect it was the former, not the latter.

There would be no breach of contract, but you would be entitled to a return of the "knob replacement fee" due to impossibility.

Good luck with everything, though. I truly do hope things go your way with this.

 

[ohwonderful]

We shall see!

Thnaks for your input. Complaint filed and served; hearing April 30, 2007.

 

[ohwonderful]

Update: Settlement

A few days before trial, D agreed to compromise for value of washer, parts and labor expenditures, postage costs, property damage, disposal, P's lost time for appts. (that D was a no-show), filiing and service fees., etc.

Only sorry that the washer will become fabric in a landfill when, for want of a qualified mechanic, the appliance could serve its useful life, perhaps more. K

 

[ForFun]

Glad it worked out for you!

 

[ohwonderful]

Appreciate your response

For Fun, I appreciate your responses, and all others. K