Q: Eight months ago I purchased a car stereo from a local seller. A few weeks ago, it was not functioning well, so I took it back to the seller.
After a month, I was contacted by the seller to pick up the repaired stereo. However, after the stereo was re-installed, it emerged that not only had the defect not been repaired but other problems cropped up.
At this point, I requested the seller to give me my money back. He said he could not do that because the stereo was purchased from another seller. So he gave me the details of this second seller.
I was not given a commercial guarantee with this stereo. All I have is a signature on a box which the original seller said was the guarantee.
Isn’t it the seller who sold me the stereo who is responsible in such as case, if problems arise?
Since the stereo has already been repaired and the problem was not solved, am I entitled to ask for my money back?
A: Legally, it is the seller who sells the product to the consumer who is liable to provide a free remedy when a problem crops up. However, to determine responsibility, it is important that the consumer has the proof of purchase which clearly identifies the seller who sold the product.
If you are in possession of such a document, you can insist with the seller to provide you with an adequate remedy. At this point, since the stereo has already been repaired and this did not fix the problem, legally, you have the right to ask the seller to replace the defective stereo with a new one.
If a replacement is not possible, then you may cancel the contract of sale and request a refund of the money paid for the car stereo.