She is under a 5yr warranty with her air conditioning mechanic. We purchased a $3000.00 AC unit from him in September 2012. He has serviced the unit 2X in the past 3.5 years and now it has not been working since the end of April 2016 and we cannot get a hold of him after numerous attempts by phone, text and making appearances at his place of residence. He is not honoring the warranty. What can we do? Desperate!!
Sorry to hear about your mom's troubles - and it has been HOT here lately, too.
I'm not sure this is a real estate question - but if you can't reach the gentleman, and he refuses to return your calls and messages, then your mom's recourse would be sue him for breach of the warranty.. I suggest she consult with a good local contracts lawyer before doing so, one who deals routinely in breach of warranty cases. If there is an "attorneys fees" clause in the warranty, .or an applicable consumer protection statute, she might be able to recover her attorneys fees for having to sue (assuming the AC repairman has money, of course). Or, she could just drop it.
Either way if you have documented your many attempts to contact this repairman (i.e., sufficient to establish his breach of the warranty), and all to no avail, it may be time to consider having the AC fixed yourselves (be sure to get a receipt and a description of the fix to support your warranty claim if you decide to sue). It's not fun to be 85 in Florida and hot.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
In Pennsylvania, an individual can file a claim in a small claims court for a small fee. They do not need an attorney. They can be represented by themselves, or a friend/family member. However, if the other side is a corporation, they must have an attorney. Either side can appeal the case to the regular state court, if they don't like the decision. Many cases are resolved at the small claims (district courts they are called in Pennsylvania) level. You should get advice, however, from a Florida attorney. Call the bar association in the county in which your Mom resides.
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