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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7394
Experience:  Just Answer consultant at Self employed
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Hired Home Depot to install central air system, company

Customer Question

Hired Home Depot to install central air system, company installed it incorrectly, 19 visits and maintaince agreement is a sham
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Miami FL
JA: Has anything been filed or reported?
Customer: no. Spoken to Home Depot open to reports but seems to be collusion between the two companies
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. Ed Irons
Submitted: 1 month ago.
Category: Legal
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

I’m sorry to hear this;

How long ago was it installed, and what was the price?

Customer: replied 1 month ago.
May 2015, $5,295
Expert:  legalgems replied 1 month ago.

If a party negligently installs equipment, they can be sued for the cost of repair or for the price paid if the repairs still do not render the equipment operable.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.

1. Offer

2. Acceptance

3. Intention (meeting of the minds)

4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

One can sue in small claims for amounts up to $5,000, so if the item costs a little more than $5,000, many people will waive the additional amount so they can sue in small claims, since it is a much simpler/quicker process. That information is here:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

A sample complaint letter is here:

https://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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