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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33917
Experience:  Began practicing law in 1992
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I would like to know if I have a case or not. I have a Home

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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 you think I have a case?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Virgnia
JA: Has anything been filed or reported?
Customer: 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.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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

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. and 5 other Legal Specialists are ready to help you
Customer: replied 1 month 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.

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