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Contract to install central Air Conditioning

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Steve1159

Guest
New Jersey, Middlesex County, Piscataway

I entered into a contract with a company to install central air conditioning in my home. The salesman made statements as to how the unit would perform with respect to its ability to cool the house. I aggreed to hire them based on the promises of the salesman. After the system is installed, it does not perform as the salesman said it would, but it does perform to the specifications of the equipment. It appears that a larger system should have been installed.

At this point the company owner says he doesn't care what his salesman promised - the unit performs to its specifications. He is disregarding the fit of the unit to the house and stands on the fact that the equipment installed is operating correctly, even though it does not cool the house within a reasonable amount of time. He wants his money and has threatend to put a lien on my house.

Is the company responsible for the promises made by the salesman?

HELP!!!!

Steve
 


JETX

Senior Member
Were the promises made in writing or verbal??

Does your signed agreement include a clause excluding any verbal agreements??
 
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Steve1159

Guest
Thank you for responding!

The promises were made verbaly to my wife and I at home with other employees around and then again several times to me over the phone.

Not sure about the exclusion of verbal agreements, have to re-read the contract when I get home.

The salesman addmitted to a technician (who disclosed to me) that he "oversold" the system. The same technician said that this is not the first time that this salesman has created this situation.
 

JETX

Senior Member
It is imperative that you read and understand the agreement that you signed.

Assuming that there is not a verbal exclusion clause (unlikely), then you will have to decide how important this is to you. Any attempts to resolve this type of claim through the courts is expensive due to the type of evidence you would need to present, plus your claims that this may be a 'tactic' of this particular firm.
 

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