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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5228
Experience:  Licensed to practice before state and federal court
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My home warranty service refused to cover my AC last June

Customer Question

My home warranty service refused to cover my AC last June when the heat wave hit. I have the info and they clearly say they will cover it. When the contractor showed up it turned out they would only cover part.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: az.
JA: Has anything been filed or reported?
Customer: Just to my realtor, who is very pissed, and the BBB. I am a 100% disabled veteran with PTSD and I had cancer and my bladder removed, the heat had a real strain on my system and I feel there are plenty of damages.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't pay up front. The fee would have to come out of the settlement.
Submitted: 2 months ago.
Category: Legal
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. 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. Basically, if they denied your claim for no reason or if they denied part of your clean without good reason, then you have this basis legally to challenge what they did.

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. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.