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I purchased a new Kenmore HAVC system from Sears which was…

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I purchased a new...

I purchased a new Kenmore HAVC system from Sears which was originally installed December 9, 2016. I have a warranty. I also have a home warranty through Sears covering all my appliances. On June 25, the A/C turned off and I called Sears home warranty for someone to come take a look. This fellow said the system was set up badly and needed to be reinstalled, but he couldn't do it. I needed to contact Sears Home Improvement who could have it taken care of under the warranty. On Tuesday, July 4, Tim Robbins at Sears sent out Reggie Mobley of Mobley Heating & Air, to look at the A/C and who also said that the entire system needed to be reinstalled. On Thursday, July 6, Mr. Mobley's employee, ***** *****, came out and reinstalled the entire system. The following Saturday, July 8, I discovered the PVC pipes leaking water onto the floor and onto my carpet. I left a telephone message for Sears , on Monday, July 10, ***** ***** came back out and repaired the PVC pipes. The next morning, I discovered water leaking from the ceiling going down the wall in the furnace closet and onto my carpet. The source of this water was in the condominium above me. My neighbor called his heating and air person to come check his A/C. His repairman said someone had pulled the PVC piping apart (which is the same pipe as mine). I paid my neighbor's repair expense. Next, on Wednesday morning, July 26, my A/C stopped again. I phoned Tim Robbins, in Sears Home Improvement, and got no answer. I left a message which has not been returned. I also phoned Tim's boss, Greg Cochran, District Production Mgr, who did not answer the phone. I left a message and he did not return my call either. I finally located a complaint number and was told that the complaint team was trying to find another repairman to send out. This was all on July 26. It is now 6 days later and no word from anyone. At this point, I would like a refund of the $6,350 (approx.) that I paid for this entire system and Sears can pick up this equipment. I paid cash unfortunately so I feel that I don't really have any power. I'm hoping that you can give me some idea about what I can do to extricate myself from this situation. In the meantime, I am a 78 year old woman on a fixed income living in Atlanta, GA with no air conditioning. Thank you for any help you can give.

Lawyer's Assistant: Has a refund request been made in writing?

No. I wasn't sure if that was something that would be ok to do.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I an't think of anything at the moment. CAN'T think of anything...

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
8/1/2017
Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37,336
Experience: 30 years experience in general legal matters.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

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Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

I am so sorry to hear of the trouble you are having.

Since you have a written warranty, the terms of that warranty control your options and , while you may be entitled to the removal of the equipment and refund of the purchase price, you may be entitled to more, including the damages you paid to the neighbor.

You will need to check the warranty and comply with its terms (as will the warrantor) for, say, notice, appeals and mandatory arbitration.

If the warrantor is not complying then you can sue them fro breach and, potentially, consumer fraud. If the claim does not exceed $15,000, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, 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.

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