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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37003
Experience:  16 years real estate, Realtor. Landlord 26 years
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TX law please. I have a 17 year old rental home that

Customer Question

TX law please. I have a 17 year old rental home that sustained hail damage recently. The roofers came out to fix it. At the same time they started working on the home the AC went out. I called my home warranty company and they sent out an HVAC company to diagnose and fix the problem The HVAC company said they would not fix the problem since a nail had damaged the freon line and they only fixed normal wear and tear. The roofing company says they don't know if they caused the damage but that they won't pay since they say the line was too close to the roof and in violation of building code. (This home was legally built with all the proper permits and inspections at the time and I have never heard from any other repair company HVAC or roof that my home was not built according to code.) I do not know what to do next. Meanwhile my tenants are suffering and may have recourse against me if I don't do something! I need to know what to do next and where to go to pursue the right course. Please know Texas law if you respond. Thanks!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If the HVAC company has evidence that a roofing nail punctured the freon line, then the roofers are clearly responsible due to their negligence in damaging the AC line. So if you can get proof of this, maybe pictures, testimony from the HVAC inspector, a report from the inspector, etc. then you can sue the roofing company for breach of contract, property damages, and negligence due to their actions for the cost of any repairs to the AC..Their claim about it not being up to code is just a blatant diversionary tactic. Whether it was in violation of code or not is irrelevant. They damaged your personal property and are trying to avoid being liable by trying to divert your attention from that fact..You will have to get the AC fixed for the tenants, but you can then sue the roofing company, who should have insurance, and it is very likely that the insurer will just pay off any claim rather than fight it out in court...thanksBarrister