Escondido, CA asked in Consumer Law, Contracts, Products Liability and Military Law for California

Q: Can I make a claim against HVAC company for failure to comply with the 2-yr money back guarantee?

The guarantee states that if we are unhappy with their service, which we had to call 4 times in less than 1 yr pd for the unit not cooling, that we can ask for our money back. We are concerned they will not agree because they have another "fix" to the solution. But there is a concern to go through with the service due to lack of fixing the unit the 1st time I had called and the company giving me 3 different reasons as to what the main issue was. Please advise.

2 Lawyer Answers

A: Regardless of what it says, if they made a promise, a significant one, and they failed to live up to it, you may have an actionable claim. Good luck with it.

1 user found this answer helpful

James L. Arrasmith
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Answered

A: If the HVAC company offered a two-year money-back guarantee and you are dissatisfied with their service, you may have grounds to make a claim. Since you’ve called multiple times for the same issue and the unit still isn’t functioning as expected, it seems they haven’t fulfilled their promise of satisfactory service. The fact that they’ve provided different reasons for the issue and continue to suggest more repairs raises concern about whether the problem will be truly resolved.

You should review the specific terms of the guarantee to ensure you meet the conditions for requesting a refund. If the company insists on more repairs and you no longer have confidence in their ability to fix the issue, you can argue that their failure to address the problem the first few times breaches the guarantee. Document all communications and attempts to resolve the problem, as this will support your claim.

If the company refuses to honor the guarantee, you may need to explore legal options, such as filing a complaint or seeking small claims court assistance. It’s essential to clearly communicate your dissatisfaction and reference the guarantee when making your demand for a refund.

1 user found this answer helpful

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