Legal Question in Consumer Law in North Carolina

We contracted for a new house and paid extra for a "90% effecient HVAC" system. After the house was completed, I checked the model number of the compressor for the air conditioning. It was 70% efficient. The same company makes more efficient models. When I quizzed the builder, he said that the heat portion was 95% efficient (I haven't verified that), and those are the models that should be paired, and besides, it would cost him several thousand extra for the more efficient model.

Did he deliver a "90% efficient HVAC"? Can I expect him to deliver one or give us a rebate?

Steve B


Asked on 6/02/10, 1:14 pm

1 Answer from Attorneys
Rachel Hunter

Your Reply: Is this still under a warranty? I am guessing that since you bought a demo model, the hot tub was damaged while it was still under the dealer's control. If so, your recourse, if any, might be against the dealer, not the manufacturer. Why not have the hot tub evaluated by your own independent guy? Depending on what you learn, get the dealer and the manufacturer involved if necessary. This may have nothing to do with the crack and might really be a defect in manufacturing, but its not possible to know absent an evaluation. The manufacturer will not be liable if the dealer is the one that damaged it. You could see if the dealer/manufacturer will help you pay for the evaluation. Also, see if there is a body in the hot tub industry that performs the evaluations and get the dealer/manufacturer to abide by the findings if it turns out that either of them are to blame.

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Answered on 6/03/10, 4:21 pm


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