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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111450
Experience:  Attorney experienced in commercial litigation.
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Home warranty disputes
, I am a customer with American

Customer Question

Customer: ***** ***** Home warranty disputes
JA: Thanks. Can you give me any more details about your issue?
Customer: I am a customer with American home shield. I have been having some issues with them spanning back from April 2015 about my leaking air condition unit to this day they have been unable to fix it. They have been unresponsive and every vendor they send is unable to resolve the issue today they made the decision after a long hot summer to close my case and cash me out the amount is for $800 replacement for the unit is $2400 I do not want to be cashed out I want it fixed unfortunate for me the company that has the part they need is out of business so they found another part but it wont fit in my unit they claim structural changes need to occur and they do not cover that my issue is I am not requesting a part that does not fit they should replace it with a part that does and if they cant they should replace just wnat to know if i I have a case
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Consumer Protection Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: I know that their agreement protects them from this but due to their vendor's incompetence and response times I have had a very painful summer. New born baby and wife were affected by it and got sick all summer because the leak caused mold in air ducts. Also caused cosmetic damage to my property sure ill wait
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: Consumer Protection Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
I was under the impression it was a live and immediate thing. If not I am sorry can you cancel my transaction ? what are the steps to do so ?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the federal warranty act, Manguson Moss Warranty Act (MMWA), they must honor the terms of their warranty as written. Thus, if the plan you have provides for repair or replacement if repair cannot be made, then they cannot just seek to buy you off, they have to pay for replacement. If they refuse to do so, then under the MMWA the state attorney general will mediate between the consumer and warranty company. So your first step here if the company will not honor the warranty is to tell them if they do not pay for replacement as needed and called for under the warranty you will file a complaint with the state attorney general.
If they still refuse, file your complaint with the attorney general. In most all cases the AG can resolve the dispute, but if they cannot do so, then you can file suit in your court against the warranty company for breach of warranty for failure honor their warranty.
Customer: replied 11 months ago.
That is already the course of action I am taking. Do you have experience with Home warranty companies ? I am looking for a more specific answer in regards ***** ***** case regarding a the product company going out of business and them using that as a scapegoat or the part that is available will not fit structurally in my unit therefore they are claiming they are not liable.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I have no idea what action you are or not taking or what you know or do not know unless you tell me.
Yes, I have handled several claims with these home warranty companies, it is a matter of staying on them and the issue is their warranty states that they have to replace if they cannot repair. They cannot just tell you that they cannot help.
In fact, if they are telling you that the part will not fit your unit is the reason, then you need to send them a letter (not email or phone call) telling them their denial of replacement as required by their warranty contract with you is in bad faith and as such if you are forced to pursue legal action you will be seeking punitive damages in addition to your attorney's fees. You have to turn up the heat on them so to speak and keep on pushing them.
Rarely do these matters go to court as they are typically resolved by negotiation or the AG.