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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116801
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hi I bought a whole heating and air unit cost 4060.00. its

Customer Question

Hi I bought a whole heating and air unit cost 4060.00. its less than a year old had 4 problems with it already. original install has gone out of business and tell me i have to eat the loss. i havr put 1300.00 more into it because lennox will not stay good to warrenty cause was installed inproper. what can i do? hr says the law protects him cause hes a limited liability company.
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
Unfortunately, since the unit was improperly installed your recourse would be against the party who installed it and if they are out of business, then you have nobody to recover from. Now, if the person who did the install was not properly incorporated as a company or an LLC or if you can show negligence on the part of the installer himself, then you could sue the installer himself for the negligence or you could sue the company or LLC if it has not properly wound up business (meaning filed closing papers with the secretary of state). The problem is that if the business is closed and did not close properly, if you sue, they will close properly and declare bankruptcy. As far as the installer, if you prove the installer negligent you can still try to go after him for the money it is costing you.

Another expert pointed out that I may not have been completely clear, when I was referring to suing the installer, I was meaning the actual installer who was negligent. If the actual installer was an owner of the corporation or the LLC, then generally they can still be held liable for their individual negligence, especially if you can prove it was outside of the scope of their employment.

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