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Ask Loren Your Own Question
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33505
Experience:  30 years experience in general legal matters.
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I have an air conditioning issue that I am unsure if I

Customer Question

I have an air conditioning issue that I am unsure if I should sue these folks or go to small claims court. Texas Air Doctors replaced my AC unit in 2012 and have been servicing my AC for 7 years. I noted mold around my home vents and I was told by them this was normal, however it is not. They come to my home to assess all and destroyed my thermostat and quoted $700 to replace it. I told them no that I would purchase one and install it since this was too expensive. The tech left saying his father would be back to look further into my AC issue. Mr. Gossett did come to my home and informed me the mold was my problem and it was from poor housekeeping. I hired another AC company who figured out immediately that the AC ducts were no longer suspended which caused condensation and mold to occur. The ducts had been checked by Air Doctors and nothing was ever stated that they were no longer suspended. I had the new company replace the ducts and the AC plenum, stated the AC plenum looked like a 40 year old plenum and they could not fathom why this company did not discover the issues. I am out $5000 for cleanup and replacement of the ducts. I have reported Texas Air Doctors now twice with a rather curt response that they are not responsible and I know they are. How should I proceed with this situation. Thank you
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Yes I have filed with the BBB and plan to file with the Texas Licensing Board that licenses AC folks.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I think that sums it up thank you
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 9 months ago.

Good I am Loren, a licensed attorney, and I look forward to assisting you.

Did the original company provide any written warranty with their servicing?

Expert:  Loren replied 9 months ago.

If they did provide a warranty then that would control their continuing obligations to you.

Otherwise, you can sue them in small claims court for breach of contract. They would appear to have breached the contractual obligation to provide professional workmanlike service. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.