Statue of Limitations for Consumer Fraud

[kittywitty]

I purchased granite from a supplier in San Francisco. The granite was used once the house was completed - almost a year later. The granite is Black Galaxy and bullet proof surface that shouldn't stain and does not require maintenance or sealing. After the first use of my granite all these etched stains appeared overnight from spills the night before. I contacted the supplier and they ignored my calls. Finally after many attempts to contact them they wrote me a letter saying they do not guarantee natural stone color variances or imperfections. That the product came from China. So now I'm stuck with about 1500.00 worth of granite that looks terrible in my new house. I really want to sue but don't know the statue of limitations for suing a supplier.

I consulted with various granite experts and they say it is not granite.

 

[mightymoose]

If you have documentation that says the granite should not stain and does not require sealing, then use that documentation to take the issue up with the manufacturer.

However- if you made the purchase believing it to be granite, and it was sold to you as granite, then you have a legitimate beef with the supplier.

You have two different issues going on here.

 

[kittywitty]

Thanks for your comment. Supplier sold me granite. But doesn't guarantee the stone's "natural" imperfections and color variances. The document did not state it would etch with water and acidic spills such as cranberry juice. My question is what is the statue of limitations for suing this supplier for selling me fake granite. Because this stone is not granite and that is why it is staining. In other words, it's consumer fraud.

 

[mightymoose]

I don't know the limit for sure, but it sounds as if you are well within it... it would be 3-4 years most likely.
You will have to show that the supplier knowingly sold you false granite. That is the only way I see that the supplier has any liability. Otherwise, your claim is with the manufacturer for a lousy product that does not do what it claims to do.