Sue for refund of fake countertop material

[supster]

I hired a store to install Caesarstone countertop and has a lot of problems with the countertop from stain to etching, even though I use the countertop carefully and take care of it as I supposed to. I contacted Caesarstone to fix the problems. After a lot of phone calls, a technician was sent by Caesarstone to look at the countertop. The technician told me that the countertop is not real Caesarstone but in stead fake material.

I contacted the store to get my refund but they refused and insisted that it's real Caesarstone. Can I sue them to get my money back in small claim court? What do I need to show to the judge/arbitrator?

 

[mightymoose]

You need evidence of two things. First, you need any advertising material you have that indicates what you purchased is actually Caesarstone and not something similar to it.

Second you need something in writing from the Caesarstone company indicating why they are unable to assist you ( a written statement on their letterhead indicated it is a counterfeit product).

With those things then you should have a good foundation for a case if you need to go to court. If you should obtain those things and confront the merchant with copies of them, the merchant might feel compelled to make things right rather than incur additional costs in court.

 

[mightymoose]

Also... small claims will depend on how much money you are seeking... the limit is typically in the neighborhood of $5000.