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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 89072
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My new furnace installed Dec. 2012 has never worked correctly.

Resolved Question:

My new furnace installed Dec. 2012 has never worked correctly. The Heating and AC company is backing it but it may be a lemon. My time is of some value and I am tired of all the time it is taking to get the furnace fixed. What are my rights?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if this is a <Bnew item or used, and, how much did you pay for it?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I replied with answer but technical difficulties.
Expert:  Ely replied 1 year ago.
Friend,

Sorry about that. I have not received the reply. Can you please try again...?
Customer: replied 1 year ago.
$5079. Ruud
Expert:  Ely replied 1 year ago.
Thank you, friend. However, I ma not sure what "Ruud" means...?
Customer: replied 1 year ago.
Name brand.
Expert:  Ely replied 1 year ago.
Thank you.

I am going to assume that this is a new item, and not used.

Here, you may have a case against the company that has installed it.

MANUFACTURER'S WARRANTY
If the item is new, then it has a manufacturer's warranty on it and you may request that the manufacturer service it, or else they may be sued for breach of their warranty.

IMPLIED WARRANTY
Even if there is no express warranty, this unit might still have an IMPLIED warranty. This is where it gets murkier.

When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied warranties. These implied warranties are very ambiguous in law by nature.

An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. Recognized in CA under California Civil Code Section 1791.2.

An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. Recognized in CA under California Civil Code Section 1791.1.

Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.

COURT
This matter seems under $10,000, and as such, should be in small claims court - see here. However, often a LETTER threatening to file suit will have them agree to fix the issue to avoid litigation. Let me know if you need a sample of such a letter.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
What about all the time and numerous appointments?
Expert:  Ely replied 1 year ago.
Hello friend,

Typically speaXXXXX, XXXXXe lost on appointments while the item was attempted to be fixed is not included in judgment, but legal fees connected to the case are, at least.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Satisfied Customers: 89072
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Consumer Protection Law Specialists are ready to help you

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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.