Buyer Beware
On 06/22/2024, Invoice 1571, I purchased a Sub-Zero 48-inch Pro refrigerator from Home Decor Enterprises (Texas SOS No. 0805299820). At the time of purchase, you personally, and/or your representatives, expressly represented to me that the refrigerator was a new 2022â2023 model with a retail value of approximately $21,000. Based on these assurances, I designed and completed a kitchen remodel, including custom counters and matching appliances.
Upon delivery, I discovered that the refrigerator delivered was not the promised model, but instead an older model originally manufactured in 2010. The unit also shows clear signs of heavy prior use. When I confronted you about this, you denied the fact and falsely asserted that the refrigerator was a 2023â2024 model. I retain written communications and records that prove these misrepresentations.
This conduct constitutes:
Violation of the Texas Deceptive Trade Practices Act (DTPA) â Tex. Bus. & Com. Code §§ 17.41â17.63, specifically:
Misrepresenting the characteristics, quality, or age of the goods (§ 17.46(b)(5) & (7));
Representing that goods are new when they are used or an older model (§ 17.46(b)(6));
Failing to disclose material information about the goods (§ 17.46(b)(24)).
Common Law Fraud & Misrepresentation â You knowingly made false statements with the intent to induce reliance, I relied on those statements to my detriment, and I suffered financial harm as a result.
Accordingly, I hereby demand the following remedies:
That you provide me with the correct Sub-Zero 48-inch Pro refrigerator (2023/2024 model) as represented at the time of sale; OR
That you compensate me in an amount sufficient to purchase the correct model as promised.
If I do not receive a satisfactory response within 10 business days of your receipt of this letter, I will pursue all available legal remedies, including but not limited to:
Filing suit under the Texas DTPA for actual damages, treble damages for knowing or intentional misrepresentation, attorneyâs fees, and court costs;
Filing claims for fraud, breach of contract, and negligent misrepresentation against Home Decor Enterprises and you personally;
Filing formal complaints with the Texas Attorney Generalâs Consumer Protection Division, the Better Business Bureau, and any other applicable regulatory authorities.
This letter serves as my statutory demand under the Texas DTPA (Tex. Bus. & Com. Code § 17.505).
I urge you to resolve this matter promptly and in good faith to avoid further escalation.
Sincerely,
To Whom It May Concern,
On [insert purchase date], I purchased a Sub-Zero 48-inch Pro refrigerator from Home Decor Enterprises. At the time of purchase, your representative expressly represented to me that the refrigerator was a new 2022â2023 model with a retail value of approximately $21,000. Based on these statements, I designed and completed my kitchen remodel, including custom counters and the purchase of matching appliances.
Upon delivery, I discovered that the refrigerator delivered was not the model promised, but instead an older model originally manufactured in 2010. The unit also shows signs of heavy prior use. When I confronted your representative, he denied this fact and falsely insisted that the refrigerator was a 2023â2024 model. I have documentary proof, including written communications, demonstrating these misrepresentations.
This conduct constitutes:
Violation of the Texas Deceptive Trade Practices Act (DTPA) â Tex. Bus. & Com. Code §§ 17.41â17.63. Specifically:
Misrepresenting the characteristics, quality, or age of the goods (§ 17.46(b)(5) & (7));
Representing that goods are new when they are used or of an older model (§ 17.46(b)(6));
Failing to disclose material information about the goods (§ 17.46(b)(24)).
Common Law Fraud & Misrepresentation â You knowingly made false representations with the intent to induce my reliance, and I relied on those representations to my detriment, resulting in...
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