united-states contract-law small-claims-court
Would I sue seller or manufacturer for a new appliance that does not function correctly?
<p><strong>TLDR</strong></p>
<p>We bought a dishwasher.  It doesn't work.  Mfg just keeps delaying with service visits and attempted fixes.  I'm done and ready to buy a new dishwasher and sue for the cost of the old.  Who do I sue?</p>
<p><strong>Background</strong></p>
<p>We purchased a new dishwasher from a big box store.  We want to return it for a slew of reasons, top among them being:</p>
<ul>
<li>Dishes do not come clean</li>
<li>Dishes smell of chemicals, most likely from detergent not being washed off</li>
<li>Sound level is 26 db above rated level (I expected 5-10, but not 20+)</li>
</ul>
<p>These problems can be partially mitigated by running every load twice, but that's wasteful of water, time, energy, etc and not what we paid for.</p>
<p><strong>Attempted Resolution</strong></p>
<p>I contacted the big box store who told me to talk to the manufacturer first, and they asked me to try a few things, such as:</p>
<ul>
<li>Different types of detergent</li>
<li>Different types of rinse aid</li>
<li>With and without rinse aid</li>
<li>Running the hot water in the sink first</li>
</ul>
<p>After none of these worked I contacted the big box store, and they told me I was past the 30 day return window at that point and had no recourse other than through manufacturer.</p>
<p>The manufacturer said they had to sent a tech before approving a return.  The tech said these problems were definitely real, and there was no apparent cause, and I should get a new machine.  The manufacturer then said they had to send another tech.  That tech said the only thing they could guess it might be is a faulty motor that works, but not strongly enough.  They offered to replace it, but said it would be 3+ weeks.</p>
<p><strong>Now What?</strong></p>
<p>At this point I've already lost close to an hour a day double washing and hand washing dishes and pots and pans for a month, and am unwilling to wait any longer, especially since I believe the manufacturer is just trying to delay until I go away.  And I didn't buy a refurbished dishwasher, I bought a new one.  So I'm planning to just buy another dishwasher, and sue the manufacturer or big box store for the money I spent on the first.</p>
<p>Who do I sue?  My sales contract is with the big box store.  However, the problems seem related to a manufacturer defect or, more likely, faulty design by the manufacturer.</p>
<p>And if I win, what do I do with the dishwasher?</p>
<p><strong>Limitations</strong></p>
<ul>
<li>I do not have a vehicle to transport this dishwasher</li>
<li>I have a back problem and do not want to try lifting this dishwasher to transport it</li>
</ul>

<blockquote>
<p>Would I sue seller or manufacturer for a new appliance that does not function correctly?</p>
</blockquote>
<p>You have viable claims against both seller and manufacturer, and you may sue both of them in the same complaint. Hopefully the tech's assessment that you &quot;<em>should get a new machine</em>&quot; is <em>in writing</em>, since that evidence seems dispositive (i.e., decisive) and immune to manufacturer's potential denial. Regardless of what approach you choose, the award you might be granted is subject to the prohibition of <em>double recovery</em>.</p>
<p>It seems that the seller's directions were purposefully dilatory. Coupled with its subsequent pretext about expiration of the 30 day period, seller's conduct is in violation of legislation regarding <em>unfair and misleading practices</em>. Your post does not specify which jurisdiction in the US you have in mind, but consumer protection laws are rather uniform all over the country.</p>
<p>If the provision of 30-day return period is reflected in a document such as the invoice, or in seller's signs/advertisements, you also have a claim of <em>breach of contract</em> for seller's failure to abide by the corresponding clause or policy.</p>
<p>A similar rationale applies with respect to the manufacturer. The manufacturer is not entitled to arbitrarily postpone compliance as to the warranty. Seller's 30-day deadline serves as comparison in your argument that the manufacturer's open-ended schedule is excessive, a schedule which is on top of the delay from the interactions with both techs.</p>
<blockquote>
<p>if I win, what do I do with the dishwasher?</p>
</blockquote>
<p>Wait for the party who reimburses you or replaces the dishwasher to determine whether it opts to take the defective dishwasher. That party is responsible for transportation costs and related expenses if it decides to pick up the appliance.</p>
<p>If the party is not interested in retrieving the defective appliance, make sure it signs a waiver. Otherwise you would be at risk that that party maliciously tries to turn the tables by alleging that you unlawfully got a second dishwasher for free.</p>
