"we have no service contract and are out of warranty....."

That pretty much covers it.

If you make enough fuss, politely, Sears will take care of the problem. First, understand what your warranty is - it is Sear's statement of what it will do without being sued. Under the law, you also have a warranty of merchantability and fitness for purpose. These apply no matter what Sears says. And Sears knows this.

First, write a complaint to the stora manager where the ite was bought. If this does not work...

File a complaint with the BBB. No retailer likes these and will do what they can to settle.

If you get no satisfaction, file a complaint with your state's consumer fraud division (usually in the Attorney General's office)

Still no go, have your lawyer write a letter to Sears national, not to the local store.

Finally, sue, as for a jury trial. They'll settle then. A jury almost always takes the side of the consumer.

xoldtimecarpenter are you serious? Spend a couple of K on lawyers to sue a huge corporation all because a range NOT IN WARRANTY has a cosmetic issue? No wonder the courts are clogged with idiots thinking they're gonna score enough to retire on if they "hit the lottery" and sue a big company.

A warranty is a warranty against manufacturer's defects and breakdowns only for that specified period, which is ONE YEAR ONLY. When something is TWO YEARS beyond that warranty, then you are SOL when you have a functionality issue, much less a cosmetic issue. If the whole thing shorted out 14 months after purchase, then it would be a repair or replace on the owner's dime, because it has already lasted all the time the manufacturer is willing to guarantee for a defect operation period. This is why companies sell extended warranties. They (and you) take a gamble that the appliance will be reliable enough that it will or won't need service under that warranty. They gamble that it won't and that the $$ will be pure profit to them. You gamble that it will, and that the service call will cost more than the warranty costs. Some people win that gamble, and some people lose. You lost.

It wouldn't hurt to politely ask if perhaps that could be considered a manufacturer's defect, but don't expect them to say anything other than IT'S OUT OF WARRANTY, pay us to fix it or live with it. Threatening and going up the foodchain is beyond uncalled for.

Regardless of the fact that the warranty has expired, it's a good idea to register a complaint with Sears about the defect. Presumably, you spent several hundred dollars for this range, and it is not unreasonable for you to expect it to remain in good shape for 5 years or more. It's not worth suing over (trust me, after 20 years as a trial lawyer, I can tell you this would be way more trouble than it's worth) or threatening to do so, but I personally feel it is important to hold manufacturers accountable for providing an appliance that meets expectations and does not fall apart immediately after the warranty expires. Why is it that the life expectancy of major appliances has plummeted in recent years? Consumers should be insisting on long term value. Politely, let Sears know that you will not consider their brand next time you are in the market for a major appliance if they don't fix this problem.

Hi live_wire_oak:

I think you are confusing the store's written warranty with the warranties provided by operation of law. Unless the written warranty is included in the sales contract, which is rare, AND includes a clear an unambiguous waiver by the consumer of the warranties implied by operation of law, the store warranty is not the only warranty binding on Sears.

Typically, the sale of a home appliance does not involve a written contract of sale, much less one that includes a warranty and a waiver of implied warranties. So it is unlikely tha the buyer has waived anything.

The consumer has available to him the full array of warranties implied under common law and by the Uniform Commercial Code (in some instances, and in some states), including, at minimum, a warranty of merchantability and fitness for purpose. In many states these implied warranties cannot, as a matter of law, be waived by a consumer, period.

Ask any Sears salesman how long a range or cooktop will last, and he or she will NOT tell you one year. How many cooktops would Sears sell if the salesman told everyone they were only expected to last one year. None. What he will say is that the cooktop will give your "many years of trouble-free service" or something akin to that.

The expectation of both parties, Sears and buyer is that it will last for many years. Clearly too, people don't buy an appliance just for functionality. They buy for looks. Sears knows that, which is why they spend heavily promoting the latest styles and most up-to-the-minute colors. Activities that make it hard for Sears to deny that the appearance of the appliance is important or to suggest that appearance was not part of the deal.

Sear's defense is actually pretty weak on any suit under implied warranty. You are probably too young to remember the rather famous case in which GM paint started peeling on most GM cars and trucks after about 5 years on the road - long after the 3-year written GM warrant had expired. GM was still liable for repainting. Why? Implied warranty of merchantability. Merchantable cars do not shed their paint after five years.

The damages to the owner will get will be modest - just the cost of repairing or replacing the cooktop surface with one that has undeteriorated markings. But as a practical matter, Sears will settle 80% of the time when the lawsuit is filed. Who needs the hassle and adverse publicity of a lawsuit? Especially in a small town.

So, if nothing else, small claims court might be an answer. I would not, however, let Sears off the hook. Deterioration, even cosmetic deterioration, after a few years, absent damage or mis-use, is unacceptable in an item expected by most consumers to last 20 years or longer.

By the way, stores offer extended warranties for one reason and one reason only. They are huge, huge, huge profit makers.

Read Consumer Reports' take on extended warranties if you don't believe me. Stores know that almost anything that breaks will break within the first year, so the extended warranty is virtually free money for almost no risk at all.

Manufacturers need to live up to their promises, both explicit and implied. It may be some work and a bit or trouble to make them, but then what isn't that's worth doing?

---

Georgetown Law, Class of 1981, Member Cal. St. Bar Assn.

Sure is - don't shop at Sears anymore.

I didn't intend to hijack this thread but there seems to be knowledgeable people here.......My Amana heat pump failed after the first heating season but wasn't discovered until the beginning of the next heating season's automatic furnace check (in July/August). The company I bought it from sold out. The company that bought them out told me tough cookies. Amana said the same thing. I had to pay $608 for labor. The part was covered. (I am considering becoming a furnace repair person. The pay is certainly good.)Now Amana says they'll split the cost with me if I just "sign this agreement". OH, and it might take three months for my check to arrive. The Atty. General says to consult the yellow pages for a lawyer. I can't afford a lawyer even more than I can't afford the $608. Needless to say, Amana is banned from my house and I'll be getting rid of my Amana range ASAP. If only I could afford to dump the heat pump. I haven't complained to the BBB. Is that all there is left for me to do?

Complain to the BBB. If the business is a member of BBB, it has agreed to binding arbitration as a means of settling consumer issues. Ask for arbitration. The BBB will try to shift you to mediation, which is less expensive, but stick to your guns.

Keep in mind, however, that if you agree to BBB arbitration you probably (the law is different in each state) give up any right to sue, and are bound by the arbitrator's decision. On the plus side, it's free. The arbitrators are often retired judges with lots of experience -- in fact you typically get a better judge in arbitration than you do in court. The evidence rules are informal, so you don't have to be a lawyer to present your case. And it's fast. Did I mention that it's free.

Now I have to stick my nose into this discussion because I see that someone is considering going to the BBB for binding arbitration. Not to bore you with the details, but we filed a complaint with the BBB because our interior designer basically ripped us off. She was a member of the BBB, and agreed to binding arbitration, but we ended up with an arbitrator who was woefully ignorant of business issues.

The arbitrator ended up agreeing with us that the furniture was of poor quality, and ordered the designer to replace our furniture, but when it came to enforecement, the BBB has no teeth. The delivery deadline came and went, the designer claimed that she was going out of business, then the designer told me to FOAD (look it up) and, basically, the BBB bowed out.

After we got the arbitrator's order, I found out that the designer had several other clients who felt similarly ripped off, two of whom had already filed complaints with the BBB. (It took months for the BBB to change the designer's rating from A+ to F.) She owes about $100,000 to her former clients--that we know of. And now we are all barred from bringing lawsuits under the state's consumer practices act because we agreed to binding arbitration.

In my estimation, the BBB was worthless. The businesses pay to join the BBB and that's about it. Although if a business has a really bad rating, as our designer now does, you at least know not to use them. You have to be really bad to get an "F" rating.

"You have to be really bad to get an "F" rating" -- or just chose to ignore the BBB once or twice.

BBB's days are, unfortunately, long past. They have failed to keep up with changing times.

If your designer agreed to binding arbitration and then told you to FOAD, you can take them to civil court for breach of contract.

Hi Meg,

I would hazard a guess that well over 90% of BBB arbitrations work well. If you get a bad arbitrator, you can always ask for another. But you don't get another arbitrator if your only complaint is that he/she does not see things your way.

Once you have an arbitrator's judgment, it is up to you to enforce it. The BBB does not have any enforcement powers. The same is true if you get a judgment from a court. The court does not collect the judgment for you. It's up to you to go get the money. This may change. We are working with the BBB now on a program to require accredited members to maintain a bond from which claims like yours can be paid.

The interior decorator may well be judgment proof, but I would go ahead and get the judgment on the arbitration anyway. At some point in the future he or she will probably have some assets you can seize.

Your cause is not for breach of contract - the fact that the contract was breached has already been decided in binding arbitration - it is for the amount awarded at arbitration.

You usually have 10 years to collect your judgment, and can extend the time to another 10 years by filing notice with the court. I have collected a full judgment after 14 years, which, with interest, was a tidy sum. But if your ID files bankruptcy and lists you as a creditor, you're screwed.

BTY, if you local BBB is actually that bad, file a complaint with the BBB about the BBB. This has to be kicked up to national BBB, and has some interesting effects.

Good lick.

WOW..I have been away, I can not believe all the comments. First I think suing is a little extreme, its not s 20K car, it a 600 range...though that is still a good buck today for something you expect to last 10+ years AND we bough ALL our applianced there when we moved in 3 years ago. Secondly its functional so I am not even sure an extended warranty would have covered it. I worked for Sears when going to college and they do have that Satisfaction Guaranteed over the door and back then they were good about honoring it. I was sort of questioning whether it was reasonable to make a fuss or just being cheap. The fact that the sales guy emntioned numerous complaints could mean a recall might come. Still my wife is upset so perhaps a visit and polite talk with the store manager might be worthwhile.

It seems to me that those circles are pretty important to using the range, so having them start peeling off after only three years seems like a pretty big failure. Warranty or not, I think Sears should, and may well, either fix the top or replace the range. This is a major appliance and should not be considered "disposable". Take lots of pictures.

Don't waste time with the salesman, contact Customer Service - I worked for Sears Customer Service many, many, many years ago, and I have to say, they were very responsive and interested in finding a solution. You may need to move up the food chain, but it's worth pursuing.

Good luck.

Its only cosmetic...not functional...it must be a woman thing..I said put a tea kettle over it. My wife says...'how would you feel if you r new mover had the paint peel'...I think I'll be going to Sears...just no idea what they could possible do short of giving us a new one...?

"It's only cosmetic" - LOL, like having someone run a key along the door of your car!

I guess, personally the thing still looks way better after 3 years than our old coil stove...still I'll support my better half by having a word with the manager after the holiday.

To andrelaplume2,
My name is Brian and I am part of the Sears Cares Escalations team. I read this thread and wanted to reach out to you regarding this issue. Obviously we do not like to see things like this occur and since we are the authorized service provider for the products we sell, we do want to help. We certainly hope your product, whatever it may be will last much longer than a year or even 5 years and most do. Anything that goes through a manufacturing process has the possibility of failure, from the most cost effective to the "Ferrari". The manufacturer of your range (which is not Sears) has a one year warranty as do most all products on the market because if something is going to fail it typically will within the first year. Not everything fails in the first year so we as a company offer an extended Protection Agreement for our customers if they choose to purchase it. We hope you dont need it.
All this being said we would like to talk with you about some possible options. At your convenience, please contact my office via email at searscares@searshc.com so you donÂt have to continue to be frustrated. In the email, please provide a contact phone number and the phone number the range was purchased under (if different than the contact phone number) and we will call you directly. Also, please provide the screen name (andrelaplume2) used to post here for reference to your issue, and we do look forward to talking to you soon.

Thank you,
Brian J.
Senior Case Manager
Sears Cares

Wow! Kudos to Brian J. and Sears Cares for keeping an eye on the problems that are being discussed and coming online to help. In previous threads, other vendors have popped on to spew defensively. Brian J.'s is exactly the kind of response we hope to see when company representatives come to our forum.

Andrelaplume2, I hope you'll follow-up on this and let us know how it turns out! Good luck!