April 04, 2025
Store Won't Issue Refund for Defective Watch
Dear Consumer Ed:
I bought a very expensive watch (over $15,000) that turned out to be defective. The store manager refused to issue an exchange or a refund, only offering to repair it under the store’s five-year warranty, a process that would take approximately eight weeks. This product was defective from day one. Shouldn’t a high-quality product like this come with more protections? For the amount of money I paid, I don’t want a defective watch that had to be repaired; I want a brand-new watch in perfect working order, and if that’s not an option, I want my money back. Do I have any recourse?
Consumer Ed says:
In Georgia, a store is not legally obligated to exchange or refund a defective product if its warranty offers repair, but not replacement, as a remedy. Further, Georgia law does not require merchants to supply additional protections for high-value items, so the price of the watch in and of itself does not entitle you to greater protections or additional remedies. Nevertheless, there are some things you can do:
Manufacturer’s Warranty - Check to see if the watch came with a warranty from the manufacturer that entitles you to a refund or replacement.
Breach of Store Warranty - If you haven’t already done so, it is a good idea to read the store warranty carefully to confirm that replacement of a defective item is not, in fact, an option. However, even if the store warranty does not entitle you to a replacement watch, the store may be in breach of its warranty if:
- The manager refuses to repair the watch altogether.
- The watch remains defective even after the attempted repair(s). Check the warranty to see whether the store is allowed more than one attempt to successfully repair the item.
- The repair takes an unreasonable amount of time. (Whether the amount of time is “unreasonable” would be based on how much time it typically takes to repair a similar product.)
If you believe the store breached the warranty for any of the reasons listed above, you should first ask the store again to provide a full refund. If the store still refuses to do so, refer to the warranty to see if it requires that any disputes go through arbitration or other dispute resolution mechanism. If there is no such requirement, you may wish to consult a private attorney about other legal options available to you.
Misrepresentation - Another angle to consider is whether you can prove that the retailer significantly misrepresented the quality of the watch. Deceptive advertising and misrepresentations could be violations of the Georgia Fair Business Practices Act (FBPA). If you believe that this retailer has violated the FBPA, you should file a complaint with the Georgia Attorney General’s Consumer Protection Division online or by calling 404-651-8600.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.