A Point Loma family said their brand new dishwasher keeps breaking down and rather than replace the unit, the store would only make repairs.
“Here’s a Craftsman saw, had it for years with no problems,” Eric Willis said.
Eric said he’s a big fan of Sears products, from his Craftsman tools to his Kenmore appliances. But when he bought a new dishwasher from Sears, things didn’t start out well.
“They open up the box on the new dishwasher and there’s a huge dent in the back of it, about the size of my head. Looked like somebody hit it with a sledge hammer,” Eric said.
Eric said he told the installer to take it back but Eric said the installer told him that would take too much time, he should try something else.
“This is how you have to work the system, you have to install it and then after you install it you want a replacement,” Eric said.
The advice seemed to work as Eric got a new Kenmore dishwasher delivered and installed. The new dishwasher worked fine at first and then suddenly stopped working.
Local
“I mean, we pushed buttons, we tried different cycles and it just didn’t work,” Eric said.
A repairman told Willis that the dishwasher needed a new motor.
“They want to come out and fix it? No I don’t want to fix it, I want a new one. It’s a lemon,” Eric said.
Eric finally agreed to replace the motor inside his new dishwasher but the repair didn’t last long. This time the drying cycle wouldn’t work.
Sears wanted to send out another technician, telling Eric they wouldn’t replace his dishwasher unless it failed after three service calls.
“It just seemed like I was going round and round and I was never going to get off the ferris wheel,” Eric said.
Eric called NBC 7 Responds and we reached out to Sears representatives about the situation.
Within a week, Sears promised to replace the dishwasher at no cost.
Instead of getting the same dishwasher, Eric took the credit from Sears and upgraded to a higher end Kenmore dishwasher.
In an email, a spokesperson for Sears told us, “Our member solutions team has evaluated Mr. Willis’ situation and will be replacing the dishwasher at no charge. Sears is committed to ensuring the satisfaction of our members and we regret the inconvenience to Mr. Willis. We hope he remains a loyal Sears customer and Shop Your Way member.”
While it ultimately wasn’t needed in this case, in California there are lemon laws on the books for consumers when it comes to appliances.
The California Lemon Law is part of the Song-Beverly Consumer Warranty act and applies to all products sold to consumers with the intent of personal use.
The law states that products sold for personal use, excluding clothing and consumables, must perform as they were advertised and if the product doesn’t perform properly, the manufacturer must repair the product, refund the consumer’s money or provide a replacement product.
To read the law, click here.
If you think you have a ‘lemon’ appliance on your hands and you run into a manufacturer or retailer that’s being difficult, these tips could help you get a resolution:
- Have a good paper trail and document everything you do, each step of the way. Write down names of employees you spoke with and hold onto receipts and contracts you have for the specific product in question
- Make sure to submit your complaint in writing to the manufacturer or retailer behind the product, asking for a refund or replacement.
- Do not get rid of the product in question until the situation has been resolved. Often times the manufacturer or retailer will require this item be sent to them in the event of a refund or replacement. If you throw the product away, your resolution might be thrown away as well.
