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A new client, Betty Remorse, has several problems related to a lawn mower that she purchased approximately one week ago. The following is a summary

A new client, Betty Remorse, has several problems related to a lawn mower that she purchased approximately one week ago. The following is a summary of my meeting with her earlier today.

Ms. Remorse went to Mowers R Us and spoke to the owner, Oliver Cutless, requesting that she talk to an expert. Mr. Cutless told her that he was the shop owner and that he knew everything there was to know about lawnmowers. He also informed her that he had owned his store for twenty years and that, in addition to selling lawnmowers, he also serviced them. He stated that he was a true expert in the field and that she could rely upon his recommendations. He then assisted our client showing her various lawnmowers. Ms. Remorse informed him that she did not want to bag the grass clippings and, therefore, he recommended that she purchase a mulching lawnmower. Mr. Cutless showed Ms. Remorse several models of lawnmowers discussing the motor size, price, and propelling features. Ms. Remorse was surprised by how expensive the lawnmowers were and stated that she was not ready to decide on a purchase.

The next day, Mrs. Remorse stopped by Mowers R Us and spoke with Mr. Cutless.She told him that the mowers she had been shown the previous day were too expensive and she asked whether there were less expensive mowers that would meet her needs. Mr. Cutless showed her some used and refurbished lawnmowers that cost less than new models. After looking at the various mowers Ms. Remorse purchased one of the refurbished mowers.

When Ms. Remorse mowed her lawn for the first time, she noticed that her new lawnmower did not cut the grass well; it left jagged tufts of grass, did not mow evenly and didn't mulch the grass clippings into fine pieces as she had expected. Put simply, the mower did not work, and she was quite displeased with her purchase. She brought the mower back to Mowers R Us explaining the problems and demanding a refund of her money. Mr. Cutless, after looking at the mower she was trying to return, stated that the lawnmower she purchased was not a mulching mower but he could take care of the cutting problems by sharpening the blades. He refused to refund her money stating that there were no warranties on refurbished mowers and he pointed to a sign on the counter that stated in large red letters "NO REFUNDS." However, he offered to sharpen the blades for a $20 fee. Ms. Remorse was not satisfied with this result and angrily left the store.

Ms. Remorse believes that she made her desire for a mulching mower quite clear to Mr. Cutless. In any case she does not want to be stuck with a lawnmower that neither works nor meets her needs. She is interested in bringing an action against Mowers R Us as described in the next paragraph.

Please research and analyze applicable authority and determine whether any implied warranties have been breached and, if so, what remedies are available and what damages Ms. Remorse may be able to recover. In this case "applicable authority" is limited to Colorado statutes and case law, state or federal, construing Colorado statutes.

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