Since all legal remedies vary with the facts of the case, it is recommended that the consumer consult with a private attorney or a consumer protection advocate before utilizing them. First, check to determine whether the consumer may have been given a written warranty from the seller or manufacturer which gives the consumer specific binding legal rights to have the item replaced, repaired or money refunded. Second, New York law gives the consumer a statutory right 3 to return the defective goods and receive his or her money back and sometimes money damages by the legal remedies known as rejection and revocation of acceptance. For example, the revocation remedy might apply in situations where the store initially promised the consumer it would repair the item. Revocation may also apply in cases where the defect was of a type that is difficult to discover.
Some courts require that the consumer give the seller the right to resolve the problem.
For the revocation remedy, the defect must significantly lower the economic value of the product and the consumer must have kept the product at or near its original condition. Any retailer who sells used, rebuilt, reconditioned or repossessed televisions, radios, phonographs or other major household appliances, must attach a tag or sticker to the merchandise containing this information. Labels, signs and advertising must also contain an appropriate description of the goods as used, rebuilt, reconditioned or repossessed. The State Attorney General may seek an injunction to halt violations of this law, and a violation of this law with intent to deceive customers is a misdemeanor. Receipts Appliance repair shops, radio and television repair shops, laundromats, dry cleaners, and shoemakers, upon request by consumers, must give the consumer an itemized receipt for all items left in the shop.