HVAC Lemon Law
Did you know that if you recently purchased a heating, ventilation, and air conditioning system, and discovered that it is defective, you could be eligible to file a claim under state or federal consumer protection laws? It can be difficult and frustrating to attempt to navigate this system on your own. This is why partnering with an experienced lemon law attorney can help guide you through the process and give you clarification over what to expect.
Not being able to use your HVAC system is not just an inconvenience; it becomes a matter of law when your are unable to use the system on a regular basis because multiple repair attempts have failed. If you have the warranty from your setup and you’ve allowed for reasonable efforts for fixes, the time to get help regarding your next steps is now. A breach-of-warranty attorney could help you file a claim, and if successful, your attorney fees could even be paid by the manufacturer.
Breach-of-Warranty Law Claim Basics
Deciding to pursue an HVAC system lemon law case can be complicated but can be made much easier by seeking out an attorney who has experience in this field. All 50 states have some version of consumer protection laws designed to address defective products. However, there could be specific exclusions in your state's lemon laws that require you to pursue a claim under the federal Magnuson-Moss Warranty Act of 1975.
Magnuson-Moss is different from state lemon laws, which are often strictly limited to vehicles. The act helps protect consumers who have purchased defective products including certified, pre-owned, and new major appliances such as your HVAC system. This means that with a defective product, you will likely need to pursue your claim under Magnuson-Moss.
The Warranties on Your HVAC System
Magnuson-Moss protects consumers by enforcing written warranties. It is also intended to prevent manufacturers from referencing complex disclaimers or other misleading terms. A consumer must give the manufacturer or supplier a reasonable opportunity to honor the warranty and repair the item.
There are typically contractor warranties and factory or manufacturer warranties on HVAC systems. The law is meant to enforce the supplier or manufacturer warranty, not the contractor's warranty. The manufacturer alone sets its conditions and terms, and is therefore obligated to honor the warranty based on those terms.
How Can a Lemon Law Attorney Assist You?
Repeated attempts at resolving this issue on your own can be confusing and overwhelming. If the manufacturer of your HVAC system is refusing to fully help you recover the compensation you are owed, a breach-of-warranty attorney can assist you by gathering all the necessary evidence, evaluating how to proceed with a claim, and providing you with expectations of what to anticipate in a lawsuit.
You could be able to get a refund if you are not able to use a product for a total of 30 days due to repairs, and the warranty can be considered breached if the product persists as defective after numerous unsuccessful attempts at fixing it. It's important to retain an experienced attorney to help guide you through this process and provide you with clarity concerning what to do next, as well as common pitfalls. Our law office accepts these cases on a contingency fee basis, so you don’t have to worry about incurring further expenses. Our services are free unless we win.
Magnuson-Moss Requires the Manufacturer to Pay for Your Case
The fee-shifting provision of the Magnuson-Moss Warranty Act requires the manufacturer to cover reasonable attorneys’ fees if the plaintiff wins their case. As a result, our attorneys at Morgan & Morgan will work with you for free. Our fee comes from the manufacturer if we win your case.