AC Lemon Laws and Service Warranty Info
If your new air conditioning unit isn’t working properly, you may be wondering if there are any steps you can take resembling the lemon laws effective in the car industry, especially if your unit is out of warranty.
Alternatively, you might be purchasing a brand-new A/C system and are questioning if you need to invest the extra cash to acquire an extended labor service warranty.
Do AC Lemon Laws Exist?
We are all accustomed to the term “lemon law” thanks to the pre-owned car industry. Numerous states have actually applied lemon laws to protect customers from deceitful secondhand car suppliers that acquire and resell cars and trucks that most likely ought to have gone to the scrap yard instead of being re-sold.
When an AC and heating system is installed brand new, there are no lemon laws for these sorts of acquisitions. State lemon laws just apply to vehicles, not consumer items. This does not suggest you have no defense, you are probably protected by various other means.
Federal Consumer Protection — The Magnuson Moss Warranty Act
Under government legislation, manufacturers and suppliers are not required to provide warranty on a product; the item could be marketed “as is.” Nonetheless, if an item does have a warranty, this regulation protects customers by applying that warranty. It is essential to keep in mind that a consumer needs to enable the supplier or distributor sensible opportunity to do so. The “reasonable” component may come under question however, so you need to consider your next steps carefully.
The Magnuson Moss Warranty Act was established to stop manufacturers from making use of challenging legal language like misleading disclaimers. For AC and heating units, there are typically two warranties applicable: a factory warranty from the manufacturer and one offered by the installer, covering labor for a stated length of time.
The law is actually intended to enforce the manufacturer warranty, not the contractor’s installation. Manufacturers that offer written warranty cannot disclaim a suggested warranty. Nevertheless, contracted service providers are not the entity offering warranty so they (by law) may disclaim suggested manufacturer service warranties on the items they market.
That would mean that if for some reason the unit has an issue, the manufacturer must honor the warranty. The contractor may defer, citing you may still rely on the manufacturer’s warranty to hire another licensed service provider.
However, if the warranty is issued by the service contractor, they must honor it. On the consumer’s part, they must give the contractor a sufficient, reasonable amount of time to address the issue. That’s where most go wrong; they expect immediate solutions that sometimes don’t happen that way.
If there’s a breakdown between you and your contractor, it may be best to move on to one you trust and just take the hit. Even suing may not provide adequate solutions, unless the settlement amount would be large enough to make it worthwhile. Most times the only winners in those situations are the lawyers.
What are the Expectations with a Failing Newer System?