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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in Arizona, currently we have excessive heat warnings

Customer Question

I live in Arizona , currently we have excessive heat warnings and temps above 110 daily. I have a home warranty claim that has now taken 18 days and counting to fix my unit. They offered me a portable air conditioner expense, but I had to buy it first. Is there something I can do because I have now had to separate my family and put one child at one grandparents house and the other child at the other grandparents house as well as my pets.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 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.

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This may seem like an obvious question, but does the home warranty cover the AC, they are just slow getting around to fixing it?

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Do you have the available funds to contact an AC repairman to come out and make repairs?

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thanks

Barrister

Customer: replied 5 months ago.
the home warranty does cover it. Every year for the last 7 years we have had to have this unit piece parted together. The unit is from 1989 and parts are hard to come by. Unfortunately I don't have the available funds or I would've fixed it by now. Sunday it was 122 where I live.
Expert:  Barrister replied 5 months ago.

Ok, the problem here is that while the warranty company is in breach of contract for failing to correct the problem, if you don't have the funds to get the work done and then sue them for breach, you are kind of stuck.

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You could go ahead and file suit against the warranty company for breach of contract in small claims court and ask for damages, but that could take a month to get inside a courtroom. But the mere act of filing suit might be enough to spur them into action rather than being dragged into court to lose..

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So I hate to say it, but it sounds like the portable air conditioner expense allowance is your best option here if you can get the money together to buy the AC in the first place..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 5 months ago.
I purchased the portable unit, and only cools the room to about 93. Unfortunately even if I did have the funds to repair the AC unit, the contractor took all the wiring out from the outside unit. Thus causing more in repairs then it would've originally.
Expert:  Barrister replied 5 months ago.

That makes it extremely tough to react to because with this unprecedented heat wave, it is putting every air conditioner and AC repair company to the test in trying to react and make repairs in a timely manner.

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But the legal recourse if someone doesn't honor a contract is to sue them for breach of contract as I mentioned earlier. However, that isn't likely going to get you a quick result.

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I might suggest contacting the home warranty company and telling them that you are going to file suit under a breach of contract action and sue them for staying in a hotel since the heat is so unsafe to be exposed to without any AC. That might bump you up on the list for repairs. I would probably also contact the local city government and health dept to see if they might have any programs where they would give or lend you additional ACs until yours is repaired.

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thanks

Barrister