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Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5270
Experience:  Licensed to practice before state and federal court
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I have a home warantee with National Home Warentee. Our AC

Customer Question

I have a home warantee with National Home Warentee. Our AC went out and they sent out a contractor that not only didn't fix the problem but actually caused more damage. I tried to contact him to come back to fix the issue and there was no response. Monday I contacted the mangaer at NHW and she said someone would get back to me after I provided her info. No one has and today she is now screening my calls and not returning messages.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: In AZ, no other advocate or lawyer helping. I am taking care of the contractor first. I have filed complaint with BBB and I am filing complaint with ROC today via writing. I will then go after AG office. I will repeat process with Warantee company adding in NV AG and BBB since they do business with both states. I have found and documented a number of complaints via a variety of online forums and saved them to PDF to send along with my complaints. I was then going to start going after media outlets.
JA: Have you contacted the manufacturer?
Customer: what Mfg?
JA: Anything else you want the lawyer to know before I connect you?
Customer: For the home or AC?
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. I grew up in Arizona so I can understand what it is like to not have the air conditioner work. In fact, when my daughter was born it was the hottest day of the year in my air conditioner went out that same day. It was the worst and best day of my life.

As far as your legal grounds are concerned, you may have a few causes of action if the contractor does not hold up their end of the bargain. First, this appears to be a breach of contract based on the failure to perform within a reasonable time Because they have not acted expediently enough to get this problem resolved into her circumstances.. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim.

Also, by not getting back in touch with you as of late, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract.

To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.