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I have a home warranty and my AC's compressor went out. i…

Customer Question
I have a home...

I have a home warranty and my AC's compressor went out. i have had the yearly service done on it but they are saying that they are not responsible because the coils are dirty and shows that it is neglect on my part which is not true. It is going to cost over $6000 to replace

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

Texas

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

Only through the home warranty company

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

I don't have the money to fix it and I paid for the home warranty for 4 years and I have only been living in the house for a little over a year

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/12/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,381
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. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

This appears to be a classic breach of contract because they are failing to honor the warranty. 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 which could include specific performance of performing the warranty repairs or a reimbursement if you get them fixed yourself. 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 you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
basically there is nothing I can do
Lawyer: Legal Eagle, Lawyer replied 4 months ago

That's actually not what I'm saying at all.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Now, you can't physically force them to fix the warranty issue; however, if you understand what your rights are (breach of contract) and take advantage of that forms website that I recommended telling the warranty company that they are breaching the contract, then you can definitely persuade them to come and make the changes.

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Customer reply replied 4 months ago
I heard what u said. I can pay and download a breach of contract form or hire a lawyer
Customer reply replied 4 months ago
Would u mind sending me that form again please
Lawyer: Legal Eagle, Lawyer replied 4 months ago

If that doesn't work, then you'd have to go to court. I used to represent big organizations many times their lawyers will tell them just to fix the issue if it isn't going to be too expensive because it costs far too much to pay lawyers thousands of dollars when the fix could be worth a few hundred.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Sure thing.

Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
It will cost about$6000 or more to fix
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I see. Have you obtained a 2nd opinion on it yet?

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Customer reply replied 4 months ago
Doing that now
Lawyer: Legal Eagle, Lawyer replied 4 months ago

That's going to help considerably. If they don't conclude it's negligence, then you should begin discussions with the warranty company again and attach the other company's opinion.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

So, one thing you may want to at least consider is splitting the cost with them or maybe agreeing to have an impartial third party come out and make a decision as to whether it was due to negligence.

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