Azle, TX asked in Consumer Law and Small Claims for Texas

Q: I believe an HVAC company improperly installed the unit. Won’t try to resolve it or return my messages. Can I sue?

We have gone 2 summers without proper AC even though it’s a brand new unit. I told him right away there has to be a leak and obviously he never checked it. He just kept putting more Freon. Now, this summer, he won’t return my messages and even blocked my number. I hired another company and they found the leak where it was welded from the unit to the house (right by the unit). A super easy fix . But I had to pay them for his mistakes. I don’t know much about HVAC but I’m guessing he is the one who welded it improperly and caused the leak. And we are in TX with 100+ temperatures in the summer. We have been miserable.

Also, the unit is under a 10year warranty and only the installer can do warranty work. And since he has blocked me, how do I contact if it’s needs to be worked on?

Do I have a good case for at least small claims court?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Assuming the cost of repair was $20,000 or less, you probably have a decent case for small claims court.

You might also wish to contact the manufacturer of the unit regarding your 10-year warranty. Manufacturers generally take a dim view of authorized dealers who refuse to provide warranty service to their customers. The manufacturer may be willing to give you the name of another authorized dealer who will provide warranty services for its products to you.

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