Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
This may seem like an obvious question, but does the home warranty cover the AC, they are just slow getting around to fixing it?
Do you have the available funds to contact an AC repairman to come out and make repairs?
Ok, the problem here is that while the warranty company is in breach of contract for failing to correct the problem, if you don't have the funds to get the work done and then sue them for breach, you are kind of stuck.
You could go ahead and file suit against the warranty company for breach of contract in small claims court and ask for damages, but that could take a month to get inside a courtroom. But the mere act of filing suit might be enough to spur them into action rather than being dragged into court to lose..
So I hate to say it, but it sounds like the portable air conditioner expense allowance is your best option here if you can get the money together to buy the AC in the first place..
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
That makes it extremely tough to react to because with this unprecedented heat wave, it is putting every air conditioner and AC repair company to the test in trying to react and make repairs in a timely manner.
But the legal recourse if someone doesn't honor a contract is to sue them for breach of contract as I mentioned earlier. However, that isn't likely going to get you a quick result.
I might suggest contacting the home warranty company and telling them that you are going to file suit under a breach of contract action and sue them for staying in a hotel since the heat is so unsafe to be exposed to without any AC. That might bump you up on the list for repairs. I would probably also contact the local city government and health dept to see if they might have any programs where they would give or lend you additional ACs until yours is repaired.