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Small Claims Court for AC Warranty Company

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By Barry Stone

Dear Barry,

When we bought our home, the seller provided a home warranty for the first year. When the air conditioner stopped working, we filed a claim. The technician they sent tested the unit and said it merely needed cleaning and some additional Freon, both of which were not covered by the warranty. We paid for these repairs, but within a month the unit was again not working. Now the technician says we have a leaking refrigerant line and that this is also not covered by the warranty. According to the fine print in the policy, leaking lines are not listed as among the conditions that are not covered. We've tried contacting the warranty company, but they don't return our calls. What should we do?
- Mary

Dear Mary,

Since the warranty company is not returning your calls, it would be interesting to try the following: have the air conditioning system repaired by a licensed contractor of your choosing, and then take the warranty company to small claims court to recover your costs. But before you do this, a certified letter should be mailed to the warranty company informing them of the actions you plan to take if they do not address your situation in a forthright manner. If you're lucky, this communication may spur the warranty company to action. Otherwise, small claims judges typically look with disfavor upon companies who conduct business in the evasive manner you have described.

Copyright 2002-2006 Inman News Features. Distributed by Inman News

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