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Unethical Sales Practices

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J

jhzeringue

Junior Member
North Carolina
I recently had a service call for my air conditioner. I had the same problem last year and had identified the problem and was told it was about a $200 fix. Since the summer was almost over I just paid the $79 charge to have my system recharged with freon.
In may, my air conditioner was not blowing cool air, so i called the same company. The gentleman this time told me that I needed an entirely new unit. The charge was $6100.

Thinking this was a bit too expensive, I ordered a new unit online and hired a small contractor for about a third less. Upon removal, the contractor noticed that the problem that was identified to me did not exist. He performed numerous tests indicating otherwise.

The original company's stance is the guy I hired should be responsible, because he did the work. However, I hired him to do a removal and install only, not any kind of service check. And I never would have even called the guy without the false prognosis given by the representative of the original company.

I am wondering if I have any legal grounds to go after the original company for any reimbursement in a small claims court.
 


S

seniorjudge

Senior Member
Q: I am wondering if I have any legal grounds to go after the original company for any reimbursement in a small claims court?

A: No; they caused you no damages. Period. End of story. Even if.
 
B

BL

Senior Member
I find it ironic that you give your story but exclude what this second guy said was and wasn't wrong with your original unit .

You can not expect a free advice board to recognize issues with a crystal ball .

At any rate , if your first unit was repairable for significantly lees , why didn't you have that one repaired and returned the new one for a refund .

Now , as a judge would say , you can't have your cake and eat it too.

There are sleazy businesses out there , and you should have gotten 2 or 3 separate estimates by different well respected CO.'s
 
J

jhzeringue

Junior Member
The second guy has given me documentation, that not only was there nothing wrong with the old unit, it is practically impossible to diagnose it the way that it was diagnosed. The reason I kept the new unit is that at the point of discovery, the old unit had already been uninstalled, so to have them install it back would cost the same amount, and with the shipping costs of the new unit, i would have only come out 400$ ahead. I am not wanting a full reimbursement for the unit. I am wanting a portion of the installation charges.

Also I forgot to mention that I have been in contact with two other former customers. One had an identical experience, and the other was charged $1500 for a $5 part. All of this within about a year time frame. Would this not demonstrate some kind of pattern of unethical practices that they should be responsible for?
 
B

BL

Senior Member
jhzeringue said:
The second guy has given me documentation,

that not only was there nothing wrong with the old unit, it is practically impossible to diagnose it the way that it was diagnosed
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.

Interesting since you say it wouldn't blow cold air .


The reason I kept the new unit is that at the point of discovery, the old unit had already been uninstalled, so to have them install it back would cost the same amount, and with the shipping costs of the new unit, i would have only come out 400$ ahead. I am not wanting a full reimbursement for the unit. I am wanting a portion of the installation charges.
Click to expand...
I believe you would be hard pressed a win a lawsuit , especially when you won't identify what was wrong and there wasn't anything wrong , it worked fine , but no cold air .

Also I forgot to mention that I have been in contact with two other former customers.
Click to expand...
That's nice .

One had an identical experience, and the other was charged $1500 for a $5 part.
Click to expand...
Identical experience , interesting , but I have yet to see the problem that you say didn't exist .


All of this within about a year time frame.
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Wow . I don't think just three customers would create a pattern .

Would this not demonstrate some kind of pattern of unethical practices that they should be responsible for?
Click to expand...
See above , but your welcome to get the OAG consumer affairs opinion , if you could describe the issues .
Click to expand...
 
J

jhzeringue

Junior Member
The problem was that there was a slow leak in my coolant line outside. A $200 fix, that I had already known about. The reason I called for the service call was to have my unit recharged with coolant. Instead of doing that he told me the entire unit was shot. Ergo, nothing was wrong with the actual unit, only the coolant line which is separate from the unit itself. That is how the old unit had nothing wrong with it.
 
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