Loews rip off

[ZEPHYR55]

What is the name of your state? South Carolina

Bought a $3500 refrigerator and Loews sold me a $400 extended warranty. Fridge died. They refuse to fix it. The extended warranty was 4 years. I've only had it for 2.5 years. They've agreed it's still under warranty but said they just don't have any repair men available. I've waited over a month. Can I sue them in small claims?

 

[Zigner]

What is the name of your state? South Carolina

Bought a $3500 refrigerator and Loews sold me a $400 extended warranty. Fridge died. They refuse to fix it. The extended warranty was 4 years. I've only had it for 2.5 years. They've agreed it's still under warranty but said they just don't have any repair men available. I've waited over a month. Can I sue them in small claims?

For the $400, sure...

 

[ZEPHYR55]

Ok. thanks! much appreciated.

 

[PayrollHRGuy]

What is the name of your state? South Carolina

Bought a $3500 refrigerator and Loews sold me a $400 extended warranty. Fridge died. They refuse to fix it. The extended warranty was 4 years. I've only had it for 2.5 years. They've agreed it's still under warranty but said they just don't have any repair men available. I've waited over a month. Can I sue them in small claims?

Read the warranty or better yet have a lawyer read the warranty. There may be other options.

 

[Zigner]

Read the warranty or better yet have a lawyer read the warranty. There may be other options.

Agreed.
In fact, the OP may find that small claims really isn't an option at all.

 

[FlyingRon]

Keep complaining. I've found that Lowes eventually responds. You can start by asking for the assistance of the manager of the store you made the purchase at.

 

[zddoodah]

Can I sue them in small claims?

Anyone can sue anyone for anything. Did you really think you might not be able to sue?

By the way, the damages you might be entitled to would not be the cost of the extended warranty. Rather, you'd be entitled to the cost of the repairs. Have you had the refrigerator repaired yourself? How much did it cost?

 

[adjusterjack]

What is the name of your state? South Carolina

Bought a $3500 refrigerator and Loews sold me a $400 extended warranty. Fridge died. They refuse to fix it. The extended warranty was 4 years. I've only had it for 2.5 years. They've agreed it's still under warranty but said they just don't have any repair men available. I've waited over a month. Can I sue them in small claims?

Then they haven't actually refused to fix it, there's just a delay.

Read your "service contract." There are other options.

This may be yours or similar:

https://www.lowes.com/pdf/serv_elpp0004s0916_v5-0718.pdf

See Page 3 - What if we can't fix it?

You may be entitled to a replacement. I'd be talking to the store manager if it was me. And if that didn't get me anywhere, to corporate. To the executives' office not some customer service phone number.

Lowe's Companies, Inc.
1000 Lowe's Boulevard
Mooresville, NC 28117
United States
704 758 1000

Ask for one of these guys:

Marvin Ellison, Pres, CEO
William Boltz, VP, Merchandising
Joseph McFarland III, VP of Stores

You won't get to talk to them but they have executive assistants to handle problems like yours.

 

[Litigator22]

Ok. thanks! much appreciated.

"Much appreciated" . . . ? If your home burned to the ground and the company that you engaged to insure it against such a loss arbitrarily refused to honor the policy would you likewise "appreciate" being told that your legal remedy is limited to restitution of paid premiums? Hopefully not.

In such a hypothetical the cost of fire insurance protection would be comparable to the cost of the extended warranty and neither are proper elements of damages for a breach of the underlying contract. It being the key have your attorney read the warranty.

Generally speaking damages for breach of contract are those that naturally flow from the breach. Here, however, the warranty may limit your legal recourse as they are seldom designed to benefit the customer. If so, it may be one of adhesion or unconscionable. You attorney can advise.

Good luck

 

[ZEPHYR55]

ha ha. I meant Much Appreciated for bothering to reply.
Thanks everyone.

 

[adjusterjack]

"Much appreciated" . . . ? If your home burned to the ground and the company that you engaged to insure it against such a loss arbitrarily refused to honor the policy would you likewise "appreciate" being told that your legal remedy is limited to restitution of paid premiums? Hopefully not.

What an absolutely asinine apples to oranges reply.

 

[Litigator22]

ha ha. I meant Much Appreciated for bothering to reply.
Thanks everyone.

P. S.

I neglected to mention a critical consequence of suing Loews for reimbursement of the cost of the extended warranty. Win lose or draw you would have waived all other claims against the retailer including a cause of action to enforce the terms of the warranty.

The reason is because of a standard procedural rule in this county that is designed to prevent multiplicity of lawsuits or splitting causes of action. It requires that all claims against a given defendant or defendants (and/or counterclaims) that arise out of the same transaction or set of circumstances, events or occurrences must be joined in one single action. Otherwise they are deemed permanently abandoned.

For a discussion of the subject, logon to your favorite search engine and use such search terms as rule against splitting causes of action.

 

[stealth2]

I never knew movie theatres sold appliances.

 

[adjusterjack]

I never knew movie theatre sold appliances.

Right there with the popcorn and candy.

 

[Just Blue]

I never knew movie theatres sold appliances.

You never noticed Jack Sparrow microwaves, Dirty Harry 44 magnum Fridge or Harry Potter Witchy Washers and Dragon Dryers? They were to the left as you enter the theater.



Note: All Harry Potter appliances were removed as a protest to JK Rowlings thoughtless remarks.