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I would like to know if I have a case or not. I have a Home…

I would like to...

I would like to know if I have a case or not. I have a Home Warranty with Select Home Warranty. My AC broke down and they sent a guy out to fix it. The guy said it was a coil and SHW wouldn't cover it but would pay $250 towards the cost. I had to pay $1200. As it turns out, the guy put it in wrong causing leaks and ruined my AC beyond repair. I now need a new one. SHW won't do anything about it, but they sent the guy out in the first place. I would like to go after them....do you think I have a case?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Virgnia

Lawyer's Assistant: Has anything been filed or reported?

Not yet....I went to Legal Match looking. The most SHW will do is pay me $600 towards the new unit. They said it was up to me to go after the guy that ruined it.....even though they chose him. I trusted them to choose someone insured and bonded....not some fly-by-night guy.

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Answered in 2 minutes by:
8/23/2017
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me a little time to read and respond to your question.

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You potentially have a case but you have a major issue that you have to overcome and the only way you'll know whether it can be overcome is by suing them and getting a copy of all of the work documents between the company and the repair man.

The issue here is that, as a general rule, most companies are not liable for the damages caused by independent contractors. While I have never seen a copy of the warranty which you purchased, almost all of that type of warranty also have a clause stating the warranty company isn't responsible for the problems caused by the repair people and by signing that original contract you agreed to that term.

However when you look at the terms of the relationships between some of the companies and the repair people they are independent contractor in "name only". By this I mean that the warantee company is actualy giving them almost all of the repair person's work, the company controls when they work, how they work, and all other details of their work.

If you can prove by either witness testimony or, more commonly, by the records of the company and repair man, that while they were called an independent contractor they were actually working more like an empoyee then you could win your case. If you can't prove that then you could lose against the warrantee company.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Customer reply replied 11 months ago
Okay...thank you.

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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