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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35334
Experience:  Attorney,16 years experience in consumer protection areas
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I am an elderly woman living alone. I needed a new air conditioning

Customer Question

I am an elderly woman living alone. I needed a new air conditioning unit and was sold a
large unit for almost $10,000.00. I feel that was excessive. Also now I realize that they
did not put any covering behind the unit and the space is wide open under my home where
any animal could go. I called them and they were suppose to come out and check it but
have not done so. I feel that I have been taken advantage of.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my-responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Are you saying that the AC company didn't replace any covering to underneath your house when they installed the new AC?.Was there something there previously to block any access?.What is your legal question that I can help with this afternoon?..thanksBarrister
Customer: replied 10 months ago.
That is correct they did not replace the covering that was there previously. Also I feel that $10,000. was too much money. My
neighbors all paid between $4,000 and $5,000. for their air conditioners. Mine is huge. My nephew has 4 bedroom/3 bathroom
house and said his air conditioner is not that large. They took advantage of me and now I am stuck paying a finance company
for 5 years for this conditioner.
Expert:  Barrister replied 10 months ago.
Ok, if they didn't replace or repair what was there originally, then they can be held liable for any repair costs if you have to hire someone else to come out to cover the area. You could file a small claims court suit against them for the cost of having a contractor or carpenter come out to make repairs..But as for them charging you an excessive amount for the AC, I am afraid that you are likely stuck there. It is up to the consumer to shop around for the best price before signing any contract and not just agree to the first quote that they receive. .Did they jack up the price on you for the AC?....probably, because that is quite a lot for an AC (my neighbor owns an AC company so I know the costs). But if you agreed to the contract for them to install it, then you are legally bound under it because shopping around after you have had the work done is too late..The only way I could see you potentially getting some money back would be it they oversized the AC on purpose to increase the costs. For example, if you needed a 2.5 ton unit and they installed a 5 ton unit, then they intentionally oversized the unit to increase their profit. If you relied on their experience and knowledge in properly sizing the unit, then that would be a breach of the "implied warranty for fitness for a particular use" that is inherent in this type of contract..So that could give you grounds to sue them for deceptive business practices and breach of contract if you can get other AC companies to give you something in writing stating that the unit is extremely oversized for your home....thanksBarrister

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