<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ewm111:
We just bought a new home with an HMS Home protection Plan (Guarantee). The AC central unit has broken and HMS refuses to repair or replace the unit although it is under their warranty package.
It has now been a week with 90+ temperatures and difficult nights sleeping on the dining room floor.
We have exhausted all options with HMS.
QUESTIONS:
1) Is there anyone else with a similar problem?
2) What kind of legal action can we take?
3)Any other advice?
PLEASE!!<HR></BLOCKQUOTE>
You have not exhausted all options by a long shot. Read on.
Write your builder and advise them of the problem and request the name of the owner, address and license number of the HVAC subcontractor that installed the system. Call the State agency and verify that the contractor was properly licensed at time of HVAC installation. Then write a letter to this subcontractor stating the problem and requesting repair. Check the maintenance/operation and warranty manuals for the system to see what brand, model #, serial # and who the manufacturer is. And what the manufacturers warranty covers. On a new home such as yours and in your specific situation, there may be three different warranties involved: 1) material and labor from the general builder and/or subcontractor 2) manufacturers warranty from the appliance manufacturer 3) HMS warranty.
You also need to find out the reason the system does not function properly. Is it due to improper installation in which case it would be the responsibility of the contractor to fix the problem. Or is the problem caused by a defective appliance product. You may understand that if the appliance was not installed and hooked up properly, both the manufacturers and the HMS warranties would refuse liability.
Bottom line: 1) Find out who all the involved parties are. 2) Find out the exact cause of the problem and what party is at fault or is responsible to correct the problem 3) Write certified letters to the liable party for follow up.
Additional action on your part would be to file complaint letters with the contractors license board, the State agency that governs home warranty plans (may be under the insurance dept.) and the local authorized distributor of the brand of HVAC unit.
There are various legal remedies that you are able to pursue that encompasses both State and Federal action. Such remedies would include a common breach of contract to using the Federal Warranty Act (Magnuson-Moss). First put the heat on the responsible party and keep the heat on high until the problem is resolved.
