Legal Question in Insurance Law in Florida

Appliance service contract

We have had in force a ''Gold'' package appliance service contract for many years. It promises to replace the appliance (even because of age or corrosion) if they cannot fix it. Our air conditioner will not cool our small 1 bedroom condo below 80 degrees. Therefore it constantly runs and we have electric bills in excess of $300 per month and do not have adequate cooling. We have complained many times with unsatifactory results. I am a critically severe asthmatic and am restricted to be in air conditioning at all times. Shouldn't they replace this unit if they cannot fix it properly?


Asked on 8/29/01, 9:47 am

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Appliance service contract

If you have not already done so, now is the time to start documenting your case. Send the servicer a letter by certified return receipt mail. Keep a copy. In a professional and concise manner specifically recount their failure to repair the unit. Demand that they satisfactorily repair the unit within 1 week, or replace the unit. Also, demand that they respond only in writing.

If they still do not reslove the matter, then make a complaint to the FL Dept. of Agriculture (Consumer Affairs Office) and the Better Business Bureau. If the matter still does not satisfactorily resolve, then seek a consultation with an attorney.

With this type of case ,the matter often quickly resolves once a letter is sent on an attorney's stationary. Ask an attorney to send a demand letter.

If the matter still does not reslove, consider formally retaining an attorney to file suit. If you prevail, you may be awarded attorney fees and costs. That will depend on the specifics of your contract and/or the specifics of your case.

You can always file suit on your own (small claims).

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (I also have an office in Tampa 727/804-3609 or 813/758-1862)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 9/17/01, 7:58 am


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