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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 12207
Experience:  JD, MBA
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Sears originally sold us an AC unit in Nov. 2010 that was

Customer Question

Sears originally sold us an AC unit in Nov. 2010 that was too big for our existing ductwork. The installation was poorly done and we had it inspected and found out that the plenum should have been larger, the air intake should have been larger, the drain line should have been routed to an outside soffit. The drain line was run to a sewer line, the pee trap overflowed and spilled water onto the attic floor which caused water to come thru the ceiling, thru the wall, thru an electrical outlet. The unit is not sealed properly and flowing cold air into the attic. It now has microbial growth on the unit and we are having respiratory problems.
Is Sears responsible for selling us an AC that is too big for our existing ductwork. We bought what we thought was an efficient unit only to find out that the unit is too big.
Also, they originally installed the wrong unit and had to pull it and reinstall the right unit.
They refuse to reinstall the unit properly.
The salesman who sold the unit is no longer there, the contractor they contracted for the installation is no longer there and Sears says that they do not warranty the installation only the mechanical part of the AC.
It went out of warranty last Oct but we bought an extended warranty. Do we have a case?
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 12 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 12 months ago.

Hello again. Thank you for your patience.

Q: Is Sears responsible for selling us an AC that is too big for our existing ductwork. We bought what we thought was an efficient unit only to find out that the unit is too big.

A: The answer depends on whether you reasonably relied upon Sears to assess what you needed. For example, if a Sears employee visited your home and conducted an inspection, and then informed you that you need X, then Sears would be liable for selling you the wrong unit. On the other hand, if you simply told a Sears salesperson what you wanted, and they sold you what you asked for, then Sears probably wouldn't be liable because you got what you asked for and did not rely upon Sears' expertise. So, the answer really just depends on the facts in your particular case.

Q: Sears says that they do not warranty the installation only the mechanical part of the AC.

A: That would be an issue. You'll need to review the warranty to see what exactly it covers. Even if the warranty doesn't cover the installation, then you may have recourse against the contractor himself (though you'll need to track him down). He may even have a bond that would cover the re-installation. However, the statute of limitations may be an issue here depending on all of the facts. It would be between 3 and 6 years of when you knew that you had a potential case against Sears and/or the contractor. Accordingly, my suggestion would be to retain a local attorney who can review all of the facts in detail, determine whether the statute of limitations is an issue, and then make a demand upon Sears and/or the contractor, and then sue if necessary.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 11 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!