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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117460
Experience:  Attorney experienced in commercial litigation.
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In May of 2013 I bought 2 new AC systems. My contract reads

Customer Question

In May of 2013 I bought 2 new AC systems. My contract reads 5years parts and labor from United AC 10 system warranty for major defects and replacement. I have had to replace the thermostats about 11 times. Every 2-3 months they seem to go bad. The thermostat is obviously defective. The company says I have to pay a service charge of $78 for them to come out. This is not a service call, it is a defective device that they keep putting in. In addition it is contracted for UV light bulbs in the 2 units when they in stalled them, they did not install them. They told me it would be $750 each unit. This company is in breach of their contracted agreement with me. If I have someone else service my units it will void my warranty. I have paid $9800 for these units and absolutely cannot afford to lose that kind of money. If the thermostat does not get fixed soon I will no longer be able to turn my AC on or off or adjust the temperatures on them. They have had me in tears and I have had to miss a great deal of work over these defect. Please advise what are my options are?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Hello are you still there?

Expert:  Law Educator, Esq. replied 1 year ago.

Sorry, there was a technical issue we had with the site.

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 law, the Manguson Moss Warranty Act, they are bound to honor the exact terms of the warranty. If they are not honoring those terms, which is what you are stating, they are in breach of the warranty. Under the MMWA, you have a right to first file a complaint with the FL Attorney General Consumer Protection Unit for them violating the MMWA and not honoring the warranty. In most cases the AG can resolve these claims, but if they cannot, you have grounds to sue the company for breach of warranty and all costs and expenses you incurred from their breach.

The company has a nerve telling you that if you went elsewhere for work that it would void the warranty, because as you are saying they are making you pay for everything, so what warranty is there that it would void.

You need to contact the AG and if they do not settle this, then you need to get a local consumer protection attorney and sue under breach of warranty and violation of the MMWA, as well as unfair and deceptive practices, which can allow you to seek punitive damages up to three times your actual damages plus attorney's fees.

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