Full question:
I purchased a new furnace for increased efficiency. The seller has a guarantee that 'if the system does not heat or cool your home to your satisfaction, we will remove it and return 100% of your investment'. They charged $7,000. They removed my older but working furnace and air conditioner to install the new equipment. The new equipment does not perform as expected. They are willing to 'honor' their guarantee; however, to them that means returning the $7000 and removing their equipment. Basically they say that their guarantee does not say they will return or reinstall my original furnace and air conditioner. I contend it is part of my 'investment'. They need to return my original equipment, in lieu of that leave their equipment. What is the law in this regard? It wasn't exactly a trade-in; however, a working furnace and air conditioner were a value I gave up in the course of this transaction.
- Category: Consumer
- Date:
- State: National
Answer:
Consumer protection laws cover various issues, including transactions involving goods and services. In cases like yours, disputes often arise from contractual agreements. When you purchase goods or services, you expect the seller to fulfill the terms of the contract. If they fail to do so, it may constitute a breach of contract.
Your situation involves a guarantee from the seller regarding the performance of the new system. They offer to return your investment of $7,000 but do not mention reinstalling your original equipment. This could be interpreted as a limitation of their guarantee.
Under contract law, you may argue that the removal of your original furnace and air conditioner was part of your overall investment in the new system. If the seller's guarantee does not explicitly state that they will reinstall your original equipment, they may not be legally obligated to do so. However, you could seek restitution, which aims to restore you to the position you were in before the contract, potentially including the return of your original equipment.
Consumer disputes can often be resolved through direct communication with the seller. If that fails, consider filing a complaint with your state Attorney General's office or the Federal Trade Commission. You may also explore mediation services or small claims court if necessary. Remember to document your communications and consider sending a formal complaint letter to the seller, informing them of your next steps if the issue remains unresolved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.