Legal Question in Consumer Law in Virginia

Problem not fixed properly while under warranty.

Situation: We have a Trane heating/cooling system. We had an extended warranty. While the system was under warranty we started to have problems with it blowing compressors. The first one went in April 2000 the second went September 2001 and the third went in November 2002. We asked in 2002 before our warranty expired to purchase another extended warranty, but were told we could not. Our warranty expired September 2002. We have tried to talk with Trane, but they were unwilling to help due to the unit no longer under warranty. Our issue is that the problem was that the original problem was never fixed. Is there anything we can do?


Asked on 9/06/03, 11:36 am

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Problem not fixed properly while under warranty.

You didn't say whom you purchased the extended warranty from. That could make a difference in who's liable.

Yes, there are a couple of things you can do. First, understand that a warranty is not a period of time in which to get the product repaired for free; it's a promise, made at the time of purchase, that the product will be good for that period of time. Getting the thing repaired is a matter of remedy, not promise. Since the compressor was not good during the warranty period, you have a cause of action against everyone who made that warranty to you (probably both the retailer & the mfgr.) under both state and federal law for breach of warranty.

Secondly, when people say something is fixed, and it really isn't, that's a violation of the Virginia Consumer Protection Act.

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Answered on 9/08/03, 8:10 am


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