Home Insurance in Tracy>Question Details

lmc, Home Buyer in Tracy, CA

Home warranty company refusing to fix/replace AC. What can I do?

Asked by lmc, Tracy, CA Fri Jul 9, 2010

The seller purchased a policy with American Home Shield at the time of sale. Now the AC unit is not working. They have sent out two AC companies that say that it can't be repaired and needs to be replaced. Now American Home Shield is saying that they won't replace because the unit is under capacity for the house. The home was built in the late 80's and the AC unit was installed at the time. The home is in a large subdivision with several 100 other homes. I have a hard time believing that all the homes AC units are under capacity. If so how did they pass building code inspections? Any advice on how I can not let them wiggle out of paying for something that is covered by my warranty? The home is 1158 sq ft and the AC unit is 2 ton. According to an HVAC company I spoke to title 24 of the California building code states that a 2 ton unit is the minimum requirement for a home up to 1200 sq ft.

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Answers

6
Not that complicated really.

1. Check with building department in Tracy and verify that that your condensing unit is the original component when built. If so, warranty company (and HVAC contractor) cannot deny claim based on an improper (previous) installation.

2. Ask the Realtor(s) to lean on AHS since Realtors are an important source of referrals.
1 vote Thank Flag Link Fri Jul 9, 2010
You could always write to your states department of insurance (or something close in title). The insurance commissioner frowns on insurance not paying like this. You might be surprised how a letter from the Attorney General of a state can get things done. Your town office, local representative (house rep etc.) or federal senator or representative should be able to get you that address or phone number if you can not find it.
1 vote Thank Flag Link Fri Jul 9, 2010
Unfortanately i have heard other nightmare stories about these warranties, when it comes time to pay they deny deny deny... You may want to seek the advice of an attorney, maybe a letter from them or threat of a letter from an attorney will move them into doing something.

The first thing i would do is ask for a supervisor and esculate the claim.

good luck working things out
Web Reference: http://www.ScottSellsNH.com
1 vote Thank Flag Link Fri Jul 9, 2010
My parents were worried that this same thing would happen to them. They ended up being able to get theirs repaired and the costs covered. I hope that you are able to get everything figured out and get your unit fixed. http://www.staleymechanicals.net
0 votes Thank Flag Link Tue May 26, 2015
Hi Imc

Glad it all worked out. Enjoy your home.

Best regards
Perry
Web Reference: http://www.ruthandperry.com
0 votes Thank Flag Link Mon Jul 12, 2010
Thank you for your answers. I followed your advice and contacted my Realtor and the California Insurance Commissioner. I also contact the city planning and made sure this was the original unit.
My Realtor was great and contact his representative which got the ball rolling. I got a call today that they are going to repair the unit. They are not replacing it but they will repair it so I'm content. Thanks for all your advice. I think I would still be pulling out my hair in frustration if it wasn't for everyone's advice and my Realtor, Andy Hunt with Coldwell Banker. Had to put a plug for him he was great :)
0 votes Thank Flag Link Mon Jul 12, 2010
Has your warranty expired, because that's probably the first thing you should check. I would also see exactly want the warranty covers, because maybe the kind of repair you need isn't covered in the warranty. I'm sure you can get the a/c repaired, no problem! http://www.onehourairwestpasco.com
Flag Wed Feb 25, 2015
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