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Kirk

Hot tub purchase, leaks!

13 posts in this topic

I recently purchased a used hot tub from a private seller.  Tub was only partially full when i bought it.  Seller stated there were no problems and was partially full to turn on and show pumps worked.  Once i got the unit home and attempted to fill the tub it leaked once filled above the amount that was in it at the seller's residence.  Again i was told multiple times there were no problems.  I have contacted the seller and they are willing to give a small amount of money back toward repairs but continue to say they were unaware of any problems.   I do not believe the seller is telling the truth, i believe they new the tub leaked as i was told by a service technician it appears to be freeze damage but cannot confirm without significant disassembly.  This unit was only 1 year old and had no signs of abuse. New value of the unit is over $11K, so this is not a small purchase.

 

This being the story, do i have any legal recourse?  Can i take them to small claims and at least recover some of the cost?  What laws would be applicable if any?

 

Any advice (other than i made a stupid purchase) would be very helpful.

 

Thanks.......

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whether it is a matter that can be brought in small claims court depends on how much you're suing for, and the state court rules that define the maximum amounts that can be pursued in small claims court.

 

as an example - in my home state, the maximum amount of a claim that can be brought in small claims court is $5,000.  For claims seeking more than $5,000, there are other courts in which the case must be filed.

 

since you didn't identify which state this occurred in, I don't know whether small claims court is available to you.

 

 

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I am in Ohio, and i believe small claims limit is $3K, which should be enough to repair the damages.

 

Again thought my question is "Is the seller liable?" Do I have a legitimate case if i was flatly lied to by the seller? 

 

Thanks for your interest

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1 hour ago, Kirk said:

New value of the unit is over $11K, so this is not a small purchase.

 

That's all well and good, but you didn't buy a new unit and (presumably) didn't pay anything close to $11k.  How much did you pay?  How much did the seller offer to refund to you?  How much will it cost to repair the leaks?

 

 

1 hour ago, Kirk said:

do i have any legal recourse?

 

You're obviously free to sue.  Whether you have any chance of succeeding will depends on your ability to prove that the seller knew (intentional misrepresentation) or should have known (negligent misrepresentation) about the leaks and failed to inform you about them.  If all you can do is tell the story you told here and state your disbelief that the seller was being truthful, and if the seller sticks to his/her story that he/she did not know about the leaking, then I doubt you'll prevail.

 

 

1 hour ago, Kirk said:

Should i approach through small claims court?

 

Depends on whether the cost of repairs exceed $3k or whether you're willing to limit your damages to that amount to keep the case in small claims court.

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I have an idea, Kirk. Look up the manufacturer's warranty, see if it's longer than one year. If it is, see if it's transferable to subsequent owners. If it is, call the manufacturer, report the leak and see if the manufacturer will repair it under warranty.

 

If that doesn't work, then you are back to paying for your repair and suing for the bill.

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16 hours ago, PayrollHRGuy said:

You would have to prove he knew about the problem.  I don't see how you can do that unless he says so. His offer to give you some money is NOT proof he knew.

Makes sense thanks for your response.

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13 hours ago, adjusterjack said:

I have an idea, Kirk. Look up the manufacturer's warranty, see if it's longer than one year. If it is, see if it's transferable to subsequent owners. If it is, call the manufacturer, report the leak and see if the manufacturer will repair it under warranty.

 

If that doesn't work, then you are back to paying for your repair and suing for the bill.

Warranty is non-transferable and would't cover freeze damage anyway which is the likely culprit here.  Thanks.

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Another idea. There should be a manufacturer's ID plate somewhere on the unit that will give you a serial number from which the manufacturer can tell you the production date.

 

You might not be able to prove misrepresentation about the leak but if the seller said or wrote that it's a year old and it turns out it's significantly older you might have something.

 

Keep in mind that consumer products often stay in inventory for many months before sold so even a 6 month discrepancy (give or take) is not going to be significant.

 

Another idea: If you can locate the leak, there are waterproof epoxies that can seal it.

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