Legal Question in Civil Litigation in Virginia
Small Claims - Heat Pump Failure
Last January I had a local Heating/AC company do repairs to my failing Heat Pump. During the diagnostics of the failure the technician noted a 1 lb loss of freon and filled to capacity. Exactly one year later, a second failure occured - this time related to a loss of freon. This tech (from a different company) said the first repair should have never included the filling of the freon without first locating the leak, since freon can only escape via a hole and does not evaporate. The second repair necessitated the replacement of the heat pump which would have been covered a year earlier with my then intact home warranty program. The replacement, now that the warranty is expired, cost me nearly $1500.00. Any and all advice is greatly appreciated!!
1 Answer from Attorneys
Re: Small Claims - Heat Pump Failure
was the earlier trouble reported in writing to the warrantor / manufacturer or their agent? if so, you probably have a good claim under the magnusson moss warranty enforcement act. if the prior company claimed to have made an effective repair but had not done so, that's a violation of the virginia consumer protection act. you will need an attorney in your area to handle these for you, because the government has made consumer protection law too complicated for consumers to be able to do it themselves. further, you've got to make sure the new repair guy will be willing to testify - you ain't goin' nowhere without evidence.
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