GOOD MORNING, SUN SPOTS: I read your column faithfully and appreciate all the legwork you do for your readers. You are usually spot on, if you’ll forgive the wordplay. On Nov. 14, however, you erred in telling Thomas May in Warren that the consumer protection laws in Maine apply only to durable goods.

In fact, they apply to any consumer purchase of new or used goods except used autos. “Goods” are defined as anything that is movable at the time of the sale.

The law requires that any item purchased for family, household or personal use must be merchantable (fit to use as such items are typically used) and stipulates that both the manufacturer and the seller are liable should it prove not to be.

In the case of Mr. May’s sneakers, he alleges a manufacturing defect (I suspect he means a design defect, since he indicates the problem is a recurring one) that renders the sneakers unfit for sneaking.

Both Sketchers, the manufacturer, and Keefe Commissary Services, the seller, have an obligation under Maine law to correct the problem if it meets the requirements listed in the next paragraph. His particular situation may make resolution of his problem more difficult, but it does not, to my knowledge, obviate Sketchers’ and Keefe’s responsibilities.

In order for the implied warranty to be effective, the goods must:

1. Be within their “useful life” (a helium-filled party balloon, for example would not be expected to last more than a few weeks, so Implied Warranty would not apply three years after the purchase);

2. Be seriously defective (a blouse with missing buttons would not meet this requirement, but one with no buttonholes well may); and

3. Not have been abused (you can not return for remedy a deep fryer with which you tried to speed-cook the turkey by connecting oxy-acetylene instead of propane).

The balloon, the blouse and the deep fryer are all covered under Maine’s Implied Warranty law, which is found in the Maine Uniform Commercial Code (Title 11 of the Maine Statutes). — David Chittim, Catenary@adelphia.net

ANSWER: Sun Spots is extremely grateful to David for straightening her out — and for writing such a witty letter. Her thinking of the warranty as being for large items only was short-sighted. She should have delved into the details before tossing off that comment.

Perhaps David will have some suggestions for the next writer as well.

DEAR SUN SPOTS: This past summer I had my 1947 Ford reupholstered at a local shop. I didn’t ask for an estimate. That was my second mistake. The first was thinking the guy was honest. The third mistake was no paperwork. The price he asked was outrageous.

Then the first time it rained the back window leaked, staining the headliner. After many phone calls and visits to his shop with promises to rectify the problem, he still hasn’t done anything.

Without any paperwork is there any legal action I can take or do or do I have to chalk it up as a big mistake I made for trusting a man’s word? — Paul, Lisbon Falls

ANSWER: Sun Spots might be able to help if you had provided the name of the upholsterer and if he’s local. Local firms are more likely to respond to her than national chains. So write again if you want her to try.

Sun Spots doesn’t know that you can do anything about the high price without a written estimate, but the poor workmanship is certainly actionable. You could take him to small claims court.

Or you could try the Consumer Protection Department in the Maine Attorney General’s Office mentioned in the last letter. You can call 800-436-2131 (9 a.m. to noon Monday through Thursday), email consumer.mediation@maine.gov or write to the Attorney General’s Consumer Division, 6 State House Station, Augusta, ME 04333. Details of this protection may be found at maine.gov/ag/consumer/index.shtml.

DEAR SUN SPOTS: The rambunctious Red Hatters would like your help with our local toy drive. Join in the fun of giving. Bring a new, unwrapped toy to the Auburn Mall from 11 a.m. to 1 p.m. Nov. 21

Toys will be distributed by the Salvation Army. For more information, please contact Queen Regina at 345-9047. Thanks for all your help. — Vice Queen Auntie M,mapleslee777@msn.com

ANSWER: Sun Spots accidentally left the date off this event, so she’s running it again. Sorry about that.

This column is for you, our readers. It is for your questions and comments. There are only two rules: You must write to the column and sign your name (we won’t use it if you ask us not to). Please include your phone number. Letters will not be returned or answered by mail, and telephone calls will not be accepted. Your letters will appear as quickly as space allows. Address them to Sun Spots, P.O. Box 4400, Lewiston, ME 04243-4400. Inquiries can also be emailed to sunspots@sunjournal.com.

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