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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14272
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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Lennox HVAC warranty (pre-submission) claim advice needed.

Resolved Question:

Lennox HVAC warranty (pre-submission) claim advice needed. If you have experience in this area, I will send details. Details are contained in draft warranty request I intend to send to installer and Lennox after I get your recommendations.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Legalease replied 1 year ago.

Hello there

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Are you seeking this information from an HVAC technician for that perspective (regarding what should be covered and what should not be covered from the mechanical point of view)? Or are you seeking a review and information from a consumer protection law perspective with an eye towards overcoming any rejection of your warranty claims? I ask this because your question is posted in the "general" category and I am wondering if you want it directed to the HVAC category or the legal category?

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MARY

Customer: replied 1 year ago.

Mary, this option reflects my objective. "Or are you seeking a review and information from a consumer protection law perspective with an eye towards overcoming any rejection of your warranty claims" . Please let me know if you wish to review my draft claim request now that I've answered your question.

Expert:  Legalease replied 1 year ago.

Hello again Dick --

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I would be happy to assist you with this (I have experience with written warranties and warranties provided under state and federal laws that may not be specifically included in the written warranty). Can you tell me also some specifics about the HVAC system (is it a residential installation or commercial? when was it installed ? what type of warranty was offered when installed? etc.). Also, what state is this located in? Any information you can give me to assist with the analysis will help.

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MARY

Customer: replied 1 year ago.
QUESTION: WHAT IS THE BEST WAY I CAN GET MY LENNOX WARRANTY CLAIM DESCRIBED IN MY DRAFT BELOW APPROVED? PAST HISTORY: 1) On June 2, 2009 , your company sold and installed 3 Lennox pure -air units to us for our S.C. home for $27,390.00 . The sales agreement /contract shows 10 year manufacturer warranties on the AC compressor, A/C parts, and furnace parts. 2) Almost immediately this unit mal-functioned by not cooling properly in the summer, nor heating in the winter.(In winter, when in heating mode, every time room temperature reaches the desired thermostat setting, unit will suddenly revert to the cooling mode and start blowing cold air. (Rather than just idling and letting the room temperature naturally fall )The exact opposite problem occurs in the summer months. Over these 3 years, I have written your company 6 separate letters describing this same problem. Small adjustments are always attempted, or accessories added, (discharge sensor, by-pass damper, and thermostate) but the problem never gets lastingly fixed . My earliest letters are dated 5/22/2010 and 2/17/2011 and show : a) How quickly after installation of brand new expensive Lennox equipment the mal-functioning started, b)That the nature of the mal-function is the same (Only opposite) in winter and summer, c). The length of time (over 3 years) that your company has been unable to accurately diagnose the cause of the mal-function and get it fixed ,d) My suggestions in my very first 5/22/2010 letter that perhaps you should consider replacing the unit under Lennox's manufacturer's warranty, or that it was improperly installed. You have refused to honor my request for replacing this under my 10 year Lennox warranty .Additionally, your own servicing technicians have already told me the discharge sensor, and by-pass damper ,which you added subsequently , should have been installed at the time the new units were installed. Most importantly, these attempted "fixes" have not corrected the specific mal-function that is the subject of this complaint. RECENT HISTORY: On Friday, November 16, 2012, your technician, Mr. Richard XXX responded to our complaint that this same unit which services the room over our garage was once again mal-functioning. This mal-function was identical to the previous mal-functions described in my enclosed letters dated February 17, 2011, (best description) and January 18 and February 21, 2012 respectively. (Winter months) Mr. XXX spent 6 hours here , witnessed that this same exact mal-function was in fact "still" occurring, thought he had fixed it, but ultimately was shocked the same mal-function was still continuing and he was unable to pin-point the cause of mal-function in the equipment your company had installed, nor fix it. His conclusion at the end of his visit was that the mal-function must be due to the room's programmable thermostate and the zoning board. He stated he needed to order new ones. We agreed he would return the following Tuesday, November 20, 2012 to install this new equipment and correct the mal-function . As a temporary solution, until he could return on November 20, 2012, Mr. XXX said he had disabled the "cool" mode completely so that it would be impossible for the unit to switch to the cool mode when in the heat mode. He has never returned or called, nor has anyone else from your company came by or called. ........... And, the cool mode remains disabled to this day. Having received no response, I have made 3 follow-up calls to your company on the following dates: - November 26, 2012 I called your company , spoke with XXX and requested that Mr. XXX call me . He has never returned my call. - November 29, 2012 I called your company again, asking that your manager call me. This call likewise has never been returned.-November 30, 2012 I called your company again . I spoke with XXX again , informed her that I had received no response from Mr. XXX and asked that she have him call me. This call also has never been returned. Because of the facts that :over 7 weeks have elapsed since Mr. XXX visit, and also you have previously been unable to solve this mal-function over 3 years, , and lastly my 3 follow-up calls have not been returned , my family and I get the distinct impression we are being deliberately ignored by your company in hopes that we will simply get tired and go away. This is unacceptable . Here's what we are demanding immediately : 1) A new Lennox unit installed to replace the present mal-functioning Lennox unit under Lennox's 10 year warranty at no cost to me. The justification , is ,as previously stated, I made this replacement warranty request on 5/22/2010 . Also, your attempts over the last 3 years to correct the above described mal-function of this unit with a discharge sensor, a by-pass damper , and a new thermostate , have all failed , and your latest technician by his own admission is unable to pin-point the cause. This replacement unit must be correctly sized . The room this unit serves is small at approximately 460 s.f. I suspect your sales representative sold us a larger , more expensive unit than we needed for this room. I have read units too large for the square footage served will short cycle too often . 2) An old fashion , either heat and cool, thermostate be installed to replace the present programmably thermostate , which your technician, Mr.______states he feels may be contributing to the problem.(He wants to install yet another programmable thermostat) An old fashion is the type we requested at the time of new unit installation and we were told they were no longer available. However, your latest technician, Mr._________ states this was false and you do carry old fashion type thermostate.

Inasmuch as 7 weeks have past since your technician was here, with no further communication from he or anyone else in your company , I must strongly inform you that if my requests contained in this letter are not honored promptly, we will present this letter to Lennox directly and request their assistance. And, if this action fails, we will aggressively persue this matter legally as well as with all government agencies which have any control over your liscensing , business rating and marketing, including posting very negative and true posts on all available internet sites on which you advertise so all potential customers can read what a terrible job you have done for us, so they can avoid doing business with you.


We will be ignored by your company no longer.

Expert:  Legalease replied 1 year ago.

Hello again Dick --

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I have an unexpected emergency and must go offline for about the next 4-5 hours and will be back online again about 7 pm EST. I will pick up your question at that time but if you are not willing to wait then please press the "relist" button so other attorneys can review and assist. I will check back upon my return before picking up any new questions if you can wait for my return.

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MARY

Customer: replied 1 year ago.

I can wait for your return. Thanks for your help.

Expert:  Legalease replied 1 year ago.

Hello again Dick -

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I am terribly sorry that it took so long to get back to you on this but I ended up not returning home until very late last night (I was assisting a family member with an auto breakdown on the highway).

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Regarding your legal protections in SC and under federal law regarding written / express warranties, you do have specific legal protection in SC for the breach of an express warranty given by a manufacturer ("express" means the actual written warranty itself -- and what you are looking at is a breach of contract action because the dealer and the manufacturer (or the manufacturer through the dealer) has not honored the terms of the written warranty given when you purchased the product). In addition to a direct breach of contract action, you are permitted to sue the manufacturer and the dealer under the federal government's Magnuson-Moss Warranty Act of 1975 (Congress sought to increase consumer warranty protection and make it more consistent across all of the states). The Warranty Act (as it is known as) provides you with the right to sue the manufacturer for implied warranties that the manufacturer and dealer grant when they make a sale of any product (and these warranties cannot be disclaimed by the manufacturer (the manufacturer cannot state in your written warranty that implied warranties granted under the Warranty Act are not applicable to your product and purchase)- the implied warranties are - (a) the implied warranty of fitness for a particular purpose (this is when a seller makes promises that a product can be relied on for a particular purpose and the product fails in this regard -- the promises do not have to be made directly to you either - it can be just advertisements made about the product) and (b) the implied warranty of merchantability (this is when the products do not perform as they are supposed to or as they are manufactured to do). With the express warranty/breach of contract claims and the Warranty Act claims you have 4 years from the purchase date to bring suit against the manufacturer and/or the dealer for these claims. In addition to this, you can request that your attorney's fees be paid pursuant to the SC consumer protection statutes (although you may have to pay at least the attorney's expenses up front). You can find a consumer protection attorney near you by contacting your local county bar association and asking for the names of several attorneys who handle consumer protection claims for warranty issues in your area. You can talk to several of them and decide if you want to move forward with the claims into a civil lawsuit at that point.

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Regarding your letter to them -- my suggestion is that you make this a last chance for them to address all of your issues before seeking legal action against them because you will be coming up against the 4 year statute of limitations very soon so you do not want to leave seeking legal action in these matters for too much more time to pass. In reviewing the letter, your contents are fine but I suggest that you organize it a little bit more around a "this is what you have done, this is what you have failed to do and this is the action I will seek if you do not replace this defective system within the next 60 days (I picked that number of days as a reasonable amount of time for them to make arrangements with you and to perform the work - you can use any amount of time but because time is running low, I suggest that you do not let them drag out an installation date much beyond 60 or 90 days). I am not permitted by Just Answer to actually write the letter for you (I can make suggestions and give you pointers) - but I would start it out as Dear XXXXXXX -- As you are aware, I have had numerous problems and difficulties with the Lennox HVAC system installed on XXXX, 2009, such as the cooling system turning on in the winter, (then list all of the problems), resulting in the following repairs and service calls to my home: (1) date of service and what they did; (2) date of service and what they did -- etc. As of today's date, I continue to experience problems identical and similar in nature to the problems experienced from the date of installation to the present date. Currently, the problems are as follows: (1), (2) (again, list the problems you are still experiencing). Then write that you have given the company sufficient opportunity over 3 years to repair the problems with the HVAC system and because they have not done so, you are requesting that they honor the terms of their warranty and replace what seems to be a defective system that even your own technicians are puzzled over how to actually repair it again. Then, wrap the letter up by stating that you would like to hear from them within XX days or you will pursue civil actions for breach of the express and implied warranties guaranteed by the warranty contract and state and federal laws. Obviously, if you want to rework the letter a bit based upon the suggestions that I have made, you can and I will review it again for you (I will be around all evening).

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Please let me know if you have further questions. If not, can you please press the 3rd, 4th or 5th smile face below so I will be paid for my time? I am paid NOTHING unless you press the 3rd, 4th or 5th smile face below (I do not receive a paycheck and this is not a hobby for me -- it is how I earn a living so I really DO appreciate it when you press a positive rating below!!) THANK YOU VERY MUCH !!

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MARY

Legalease, Lawyer
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Experience: 13 years experience in Consumer Protection law, in particular construction law and auto repo law
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