Legal Question in Credit and Debt Law in Pennsylvania

We bought a used gas furnace. Had it installed. Worked fine for one year. We had technicians come fix it. Was a blown gas valve. $400 bill total. 2 days later it quit working. Gas valve blown. Turns out at some point someone wired a fuse instead of replacing it on the main board. New board, new gas valve, new bill $800.00. Would the company be held liable for not finding the rigged fuse on the board when we told them we wanted it fixed no matter what was wrong with it, not just a new gas valve? Is this bill negotiable legally? Why should we pay for an new valve or the labor? The board yes, I understand that. But on their first service call they missed a simple cheap fuse, how are we as homeowners responsible for that?


Asked on 10/09/16, 11:39 am

1 Answer from Attorneys

Not sure why this is a credit/collections issue. First begin with your documents. . You bought a used furnace. Did it come with a warranty or was it sold "as is?" Since the furnace was used, where did you get it from? A dealer? A private person? The person who used the furnace and presumably did the rigging? If the seller was not the prior user, what obligates them to inspect the furnace and find out that this was rigged? I am a lawyer, not an HVAC tech. I am asking these questions because the answers may help determine whether or not you have a case and against who. Just because you indicated you wanted the furnace repaired does not necessarily obligate the furnace company to find a rigged fuse. Again, I am not a furnace installation person. Would an experienced technician have known what to look for? If its not reasonable and obvious, then no, the furnace company probably is not liable. They would not foresee that someone else would come along and do something which iilegal or wrong. However, if its really that obvious that it was missed and it was their fault, maybe an argument can be made that they should split t he cost of the second repair job with you.

Why should you pay for it? Can't believe you are asking this. If you don't then a mechanics lien will be filed on your house. Is it negotiable? Anything is. Does not hurt to try. But before you begin negotiations, you need to do your homework. You need to know what your documents say You need to get something in writing from a heating guy to state that a repair would have included notice that a fuse was rigged and that the second set of repairs would not have been needed if they had done their job. Failing that, I would take everything to a consumer lawyer to see if the furnace company did anything wrong.

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Answered on 10/18/16, 8:54 am


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