Dealing with latent defects on a new sofa

Q. A few weeks ago the brand new sofa which I ordered from a local outlet was delivered to my house. After a few days I noticed that the sofa developed two defects. The legs, which were supposed to be made of chrome, got stained. Now, the material on one of the legs has started to peel off and as a result the leg is turning black.

Furthermore, one of the sofa’s cushions started flaking. A black fine line appeared and it is bothering me since it is quite visible on a white sofa.

As soon as I noticed these defects I went to the outlet from where I purchased the sofa and complained. I also put my complaint in writing and I enclosed photos of the defective sofa.

The local company told me that they are going to inform the parent company abroad and be guided on what solution they are willing to offer me. I am not very confident that they want to solve my problem.

Regarding the sofa legs, the seller is already saying that the defect could have been caused by humidity, since I live in a house of character. Now they also told me that the sofa’s legs are not made of chrome.

During the sale I was informed that the legs are made of chrome, but unfortunately this detail is not written in the contract of sale.

The local sellers have already informed me that most probably, should the parent company agree to replace the sofa legs, the replacements will also be made of the samematerial.

What are my consumer rights? Am I entitled to a new sofa with out any latent defects? And what about the leather cushion that flaked?

A. When such problems crop up as a consumer you are entitled to a free of charge remedy. According to the Consumer Affairs Act you may request that the defective sofa is either repaired or replaced. In the first instance, the seller may repair the defective sofa but he should do so in a reasonable period of time and without causing you a significant inconvenience.

Regarding the sofa’s legs, if during the sale you were told that these were made of chrome but now you are told they aren’t, then legally the seller is breaching the contract of sale and he is obliged to replace the sofa legs with others that are made of chrome.

If this is not possible, and the material of which the sofa’s legs are made of is not suitable for a house of character, then legally you may request to either have the sofa replaced with another model, or to cancel the contract of sale and therefore get a refund.

If you do not manage to reach an amicable solution with the seller, then you may opt to file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.