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Need to speak with attorney regarding complaint against SEARS

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

GA

Lawyer's Assistant: Have you contacted the manufacturer?

Yes

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

I was told to purchase new HVAC system to correct heating issue. They installed wrong heat pump and cut wires, control box looks to be disconnected and do not seem to be willing to correct problem

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
12/8/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 7 months ago
I initially contacted SEARS regarding heating problem with main floor of home. I informed the rep I have a dual heating system Was told I needed new system. They installed wrong size unit left wires ganging and cut and did not solve problem. Repeated complaints have been ignored and yesterday I was told SEARS by SEARS technician SEARS does not handle dual zone systems. Do I have a fraud case. What steps can I take
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm very sorry to ear about your situation. This appears to be a classic breach of contract because they failed to properly perform the agreement between you and them.. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. 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. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

This also to me sounds like a classic case of negligence because they installed the wrong size unit and left wires hanging and did not solve the problem. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages.

You may want to consider just writing a formal demand letter that they fix this matter ASAP. It is probable that Sears will require that you go through mediation or arbitration, but it could be a good start. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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