Is There A Lemon Law For Heating And Cooling Units?
State lemon laws were instituted to protect consumers related to the auto industry, not appliances such as HVAC equipment.
Lemon laws can vary from state to state. These laws protect consumers mostly from defective cars and trucks. A federal law called the Magnuson-Moss Warranty Act prohibits companies from disclaiming their implied warranties if they have any service contract or warranty in effect for appliances, including HVAC equipment.
To use HVAC lemon laws, all you have to prove is whether or not the problem is related to an equipment fault or a fault of the installer. It’s crucial to know who created the problem. Did the factory make the problem, or was it your installer?
I am not an attorney and am only referring you to an option to be investigated by you and maybe your attorney. There are several myths surrounding lemon laws. The National Lemon Law Center names a few of them.
Myth: Lemon laws only apply to motor vehicles
National Lemon Law Center
Fact: The truth of the matter is that lemon laws may apply to all types of consumer products that include warranties. This means that cars, trucks, SUVs, motorcycles, computers, home appliances and a number of other products may all be covered under your state’s lemon laws, as well as under federal lemon law.
The Magnuson-Moss Warranty Act was created by Senator Warren Magnuson of Washington, Rep John E. Moss from California, and Utah’s Senator Frank Moss and made federal law in 1975.
It intended to keep consumers from being hoodwinked by unscrupulous companies trying to revoke their way out of warranties.
This law says you need to give the contractor a reasonable number of tries to make repairs within a reasonable amount of time. Reasonable is a very ambiguous term. It’s probably a loophole or place for the judge to decide if there is anything like a lemon law for air conditioning units.
The lemon laws of the various individual states may be difficult to apply to residential heating and cooling products because installation issues become scapegoats for manufacturers due to a lack of skill or mistakes in the installation process.
If an installer, either by neglect or by accident, allows any dirt or particles into a refrigeration line before welding and evacuation, troubles such as stuck reversing valves or plugged TXVs could haunt a system for a long time.
Along the same lines, a poorly designed duct system or even the wrong type and size of filter could damage an air conditioner, heat pump, or even a furnace. Incorrect static pressures for an air handler or furnace will damage compressors, heat exchangers, indoor blowers, and more.
With a faulty installation, it’s doubtful that a furnace lemon law would apply. To a consumer, those types of equipment failures could easily be construed as defective equipment when it is not.
So, the blame game could be in effect. If you keep really good records, you may have a running chance of recovering some expenses.
Claiming your equipment to be qualified under a lemon law would require a great deal of diligence. Keep all receipts and document every service and phone call made or received. Just keep a journal of all events related to your problem.
The most common items at the center of lemon law cases are cars, RVs, boats, and mobile homes. However, federal warranty law applies to almost any consumer product that comes with a warranty and costs more than $10.00. (Note: The law only applies to tangible goods, not services.) Thus, household items like electronics, appliances, HVAC units, and exercise equipment also qualify.
classaction.com
What Happens When There Is A Breach Of Warranty?
A sales contract should include an expressed warranty. When a seller breaches an expressed warranty, the buyer can initiate a cause of action for breach of contract.
But if you look for actual court cases, such as a class action against Rheem Manufacturing Co. in 2016. Rheem Manufacturing Co. had many claims to bring on a class action, and a federal judge in New Jersey threw it out, saying that the plaintiffs didn’t plead their cases sufficiently.
The class action suit against Rheem and Ruud said the units were substandard, and small leaks had developed in the coils.
In another case, Vullings v. Bryant Heating and Cooling Systems, which was filed in the Eastern District of Pennsylvania, Bryant is a brand name under United Technologies, which is also related to Carrier. Vullings claimed the defendants violated the Magnuson-Moss Warranty Act by selling defective heating and air conditioning equipment that needed constant and costly repair.
The Court order is below:
ORDER
leagle.com
GERALD AUSTIN McHUGH, District Judge.
This 19th day of February, 2019, upon consideration of Defendants’ Motion to Dismiss (ECF No. 12), Plaintiff’s Response (ECF No. 15), and Defendants’ Reply (ECF No. 16), it is hereby ORDERED
that Defendants’ Motion is GRANTED
. Counts I, III, IV, and V are DISMISSED
with prejudice. Counts II, VI, and VII are DISMISSED
without prejudice.
I’ve researched extensively and found no consumers winning these cases using the Magnuson-Moss Warranty Act. That doesn’t mean there are no winners; they are very hard to find.
As a consumer, you are also subject to a statute of limitations, meaning you must react within a reasonable time. The two seem to contradict each other. By the time you give your contractor a reasonable amount of time, your reasonable amount of time has expired. I’m just being ridiculous. Sorry.
What To Do When I Realize My Air Conditioner Might Be A Lemon
By now, you have probably exhausted all your energy complaining to the installing contractor and perhaps the equipment manufacturer. It is time to take another approach.
If you haven’t already, gather everything related to the installation and consult an attorney. Even though the Magnuson Moss Warranty Act is a federal law, find someone familiar with lemon laws in your state.
Depending on the damages you feel you have incurred, your attorney may advise you to file in a small claims court.
I have gotten the attention of a contractor by leaving a sour review on Google Maps. As a contractor myself, as a part of training our employees, we would explain to them that if we made a customer happy, they would tell three people. If we made them mad, they would tell ten plus all their relatives for years to come. It is a very actual scenario of how consumers act when receiving services.
Can I Get A Second Opinion And Still Have A Valid Warranty?
Getting a second opinion to validate your concerns regarding your equipment being a lemon would be a good step. Some companies void warranties if other companies besides themselves work on their equipment. It’s just a precaution to consider.
Can I sue for faulty installation of HVAC system in my home?
avvo.com
We had our 60 year old home updated with a new HVAC system. After contacting our HVAC company over high electric bills multiple times, we got a second opinion from another HVAC company. We found out that permits were never pulled on our home for installation and nothing is up to code. Our system is not large enough for our home and there are numerous code violations for our county and our city.
If you have another opinion, consider calling a company that sells the same brand as your equipment. They would be familiar with what you have and be more likely to get support from the factory.
I’ve never had a problem getting warranty parts on a brand for which I was not a dealer. You will have to ask around until you find a company you are comfortable with for that second opinion.
Tell them you need a thorough examination of the complete system. You want their honest opinion of the quality of work, including the refrigerant charge, static pressures, equipment size relative to your home’s size, and anything else that could contribute to your ongoing problems.
If they say some of those things are unnecessary, get another contractor. Do as much as possible over the phone to save time and expensive service call fees.
They want you as their customer. Find a company with an attitude that says the customer is always right. And if the customer is wrong, they are still the customer.
Conclusion
After all, you’ve been through it. I’m sure you’ve considered throwing out the old system and starting over. Please consider a few things before you take any drastic steps.
Installing a new system on the same ductwork could put you in the same position. It wouldn’t be the first time that a duct system was the cause of failure—too much static pressure.
Take the time to do some research. If you need the help of a professional HVAC company and you’re nervous about being stuck with another poor installation, read this article about questions you should ask when buying a new HVAC system.
There are 30 questions in this article that will help you know if your new contractor knows his stuff.
I bought my home in May 2019; the Samsung mini-split system was installed by the builder’s sub-contractor in December 2018, and had a 3-year parts warranty. I wasn’t aware of who did the install, but it turns out I purchased my HVAC maintenance contract from the installer. I called them this past August when the bedroom head on the split system failed. The tech diagnosed it as a failed sensor, put the part on order, and for 8 months …nothing (“supply chain issues”). Meanwhile I went to use the heating unit in the dining room for the first time this past Feb and it wouldn’t heat; called the company, and they diagnosed not enough pressure in the system, but would need to wait till the weather warmed to do a full test. They came out last week, diagnosed a leak in the living room head, and are quoting a repair cost for just that one unit of 3k, which is a “guesstimate” since there are so many unknowns. There’s still the issue of the bedroom unit not functioning, and they’re giving me a whole story about how they don’t install Samsung anymore because they’re terrible quality, have issues getting parts, and the new Carrier systems are so much better. I don’t want to start sinking money into Samsung repairs if these units are not reliable as they are proving to be in my case. I’m waiting for a bid from a MItsubishi installer, which is likely going to come in considerably more than Carrier, and I’m planning on calling the utility company for a Fujitsu contractor bid. Am I approaching this the right way or jumping the gun on replacing the system?
Donnamarie, The supply chain problems are real when it comes to foreign made mini split stuff. I’ve been waiting on equipment for months. Sorry to say I am unfamiliar with Samsung mini splits. Haven’t heard that they are of poor quality. It seems your biggest problem is finding a good contractor that will stand behind their work. Leaks are most often an installation problem. You might consider calling Samsung customer support, you never know how responsive (or not) they may be. I’ve don’t work through a utility myself, but they could be helpful. Wish I could help more. Chad
Just purchased a Bosch Combi Greenstar wall hung unit. After installation, the hot water has become a major issue. If a shower is on, no hot water will come out of any other source. And the pressure is way off. Installer says it must have been that way before, but the old system had no such problems. Do Lemon Laws cover a faulty install? Installer will take no other actions to rectify the issue.
Mike, I’m not an attorney, but to my knowledge lemon laws apply only to products, not labor. You will probably have to pay for a second opinion. Chad
19In 2019, I purchased an Amana 2ton HVAC system for my 1600 sqft that includes an outdoor unit and indoor air handler. Since that time, I’ve had 29 service calls for various problems with my system. This year, the HVAC company who installed the units finally figure out that the unit was putting out 17,000 btus instead of 24,000. They called the manufacturer who replaced my outdoor unit. I was still having issues, the new unit was tested, and was only putting out 19,000 btus. Again, the manufacturer was called and they have now replaced my entire system. The brand new system is still not able to maintain the temperature in my home, even when it runs continuously. When it’s 21 degrees outside, the indoor temperature is 66 degrees inspite of the fact that the thermostat is set on 68 degrees. I live in the Midwest and 21 degrees is not the coldest it’s going to get here. Since the new system has been installed, I finally had another HVAC company to inspect the system. The tech said everything was measuring within normal limits and adjusted my thermostat. He stated that if the adjustment didn’t help, it’s possible that the HVAC is not large enough to properly heat and cool my home because of our tall ceiling in our living room and many windows throughout the home. When we had the same issues, I called the original installer to inspect the system once again. They cannot find anything wrong with it and have emailed me that after numerous attempts to ‘make me happy’, they are basically not going to honor my 10 labor warranty that I originally purchased with the system. What can I do? I’m stuck with a loan payment for a system that doesn’t adequately maintain the temperature in my home AND skyrocketing electric bills not explained by the recent increase in the cost of electric.
Just to note, the HVAC company has checked my attic insulation saying it is ‘good’. They have measured cooling loss from each vent. According to them, my ductwork is fine. We change our filters every month on a scheduled day and have had all maintenance performed on both units. I have also recaulked around windows and around the perimeter of my house along outside walls where possible. I have recaulked my sliding glass door. I have replaced weather-stripping around my exterior doors. All of my windows are double panes. We also had a new roof installed last spring due to weather damage. Although my house is 1600 sq ft ranch, 400 sq ft is the garage that is not heated or cooled. Just like the heat can’t keep up with the falling temperatures, the air conditioner can’t keep up either.
On the old system, we were lucky to get a 14 degree difference between indoor and outdoor temps. Most of the time, the temperature increased by 3-4 degrees in the evening while the air conditioner was running continuously. I have no idea how the new system will perform in the summer because it was installed in late Sept. The heat is not keeping up on the new unit just like it didn’t on the old unit. This new system cannot handle any type of ‘challenge’ in the weather.
Corie, With all the trouble you have had with these systems, the first thing I would do is bite the bullet and call a new HVAC company and keep calling new ones until you find one that knows how to conduct a complete heat loss calculation using what the industry calls a “Manual J”. When you ask for that and they don’t know what you’re talking about, hang up and keep calling. The only way you can be sure that a 2 ton unit is sufficient to heat and cool your home is to perform that heat load calculation. It takes everything into consideration, windows, insulation, type of construction, area you live in. It will be money well spent. If the calculation says a 2 ton is enough then for sure something is wrong with your unit or the duct work. Has the duct work been thoroughly checked? Do you have sufficient airflow out of every duct? I hope you find the answers you’re looking for. Hope this will help. Chad
Hey Chad. I purchased a new Bosh system (both outside unit and air handler) November 2017. Every summer it’s down and cost me hundreds of dollars. First it was a compressor, had to pay labor and Freon, then a board paid labor, then next summer had a fire inside outside unit burnt up both boards and all wiring, finally got them to replace whole outside unit paid labor, and now this summer quit cooling had someone come look found it was low on Freon. Paid time and Freon worked great for about two weeks and same thing. So it was clear it had a leak. Called guy back out and find out it’s in the A coil and about $750 for install. Still under warranty so he goes to order part and they don’t have one reasons they say cause of this covid. So got one ordered and they said it was gonna be 16 weeks. This seems unreasonable to me. I’ve been with out air for 2 months and now Bosh is saying December 3 before they get them then they got to send to us and then installed so probably at least middle of December at the earliest. I understand it’s hard to get parts for anything right now but amazed that we have new systems at stores but we can’t make it right. All these issues have cost me thousands in labor and Freon and now with out air for hottest part of summer and through out summer. Not to mention the only heat I will have for couple months is heat strips. Which will be expensive to run. Anyways what’s your thought here?
Steven, What a catastrophe. I’m having a hard time getting equipment. Every supplier is out of stock. One of them isn’t even sharing between stores if the have any stock at all. I’d check to see if another company can honor the warranty. Your labor warranty has expired but another company should be able to get you the equipment warranty. Most issues like this are not equipment failures, they are installation related. Chad
Hi Chad… Thank you for writing this article. I live in Orlando and purchased a carrier condenser and air handler two years ago. It hangs Horizontally in the garage and I have had roughly 15 service calls for water either leaking or creating excessive condensation. The installation company’s ultimate solution was to hang a drip pan underneath the unit. Three days ago, I discovered that the fan was continuing to run even when the AC shut off. The installation company came out again and diagnosed the problem as a faulty relay switch inside the motor assembly. He told me the motor would have to be replaced and there would be a $400 labor charge. I told them with all of the problems this unit has experienced in two years it is clearly defective and I wanted it replaced. The company owner says he called carrier and they refused to replace it, then asked me what I would like to do. I told him what I would “like” to do is rip the unit off the ceiling and throw it through his window. But I assumed the only realistic option was to have the replacement motor installed. While we have been waiting for the part to come in, the system has stopped cooling entirely. The model number for the condenser is BH14N B04200G. Model number for the air handler is FB4CNP042L00. Do you have any suggestions? Thank you.
John, From my perspective, I think you should consider getting another opinion. Kind of an overall assessment of the installation. You might learn something to negotiate with. -Chad
Thanks Chad. Story update: the company‘s owner came out early Saturday morning to address this recent lack of cooling. He quickly diagnosed the problem as a faulty capacitor and replaced it free of charge. Next week, they are installing a replacement motor also on his dime. He seems like decent guy who has gone out of his way to try and resolve our many issues. But the bottom line here is this two-year-old system seems cursed.
John, It sounds like you’re being treated fairly. Hope it all turns out for you. – Chad
We purchased a brand new top of the line Bryant system 12 months ago. The circuit board has just died a second time. The first time they told us we had to pay $180 to have the new board installed. The second time around, the installer stated that Bryant technical support recommended a surge protector stating “even the slightest surge can fry one of these boards”. In addition to be offended that we are told to spend more money (they want to charge $600 for a surge protector – after we spent $16K+ for the unit), it wasn’t recommended when we purchased the unit. When I pushed back, they immediately dropped the surge protector price to around $300. Seems like the same part twice within a year would be more indicative that the unit design is faulty. Especially considering the second board went bad during the winter where we haven’t seen a surge since last fall. We have a 10 year warranty, but would like this to be resolved before it gets too much further. Wished I’d read the Bryant lawsuit you mentioned above prior to buying it…
Gary, I have had the same problem with circuit boards over the last year. I’ve had two go out recently and they were covered under warranty. It seams there are some areas that have what they call “dirty power”. It’s something you could discuss with your power utility. It’s also possible that they won’t admit that they have dirty power. The solution is a power surge protection device. They aren’t very expensive. Check out this video on YouTube: https://youtu.be/FV0YDGtIdng ……….the compressor defender they are talking about is less than $100 on amazon. But there are others for much less that will do the same job. If you are comfortable with electricity this is a DYI 30 minute project at the most. If not find a friend. Good luck. Get back to me if you have more questions. – Chad
We purchased Frigidaire units in 2012 and multiple times a year something goes bad. Bad board, blower goes out, whatever. The same parts have been replaced multiple times. Every time they come out after a few days and then have to order a part that takes 3 or 4 or more days to come in. Then they schedule to come out after another few days. These units are only serviced by a few people, so getting a second opinion is impossible. Each time we get charged an arm and a leg, even though it is still under warranty for another 1 and 1/2, so the parts are free. Then in 2022 poof. Is there no other way except to hire a lawyer? Probably cheaper to replace with new reliable units. As you can guess, it just did again today and it is supposed to get real cold over night and we are supposed to get new windows installed starting tomorrow.
As I mentioned in my article, lemon laws were originally for automobiles. Lemon laws for appliances are much weaker and you know who wins when you get an attorney. I imagine there may be an attorney or two out there who may specialize in this type of law but just wouldn’t know who or where. This is a tough question seeing how your equipment is right at the half way point in the life of a heat pump. (I’m assuming you have a heat pump). Most problems with heat pumps are installation related. Something the installer didn’t do correctly or missed. What happens if you buy a new heat pump and problem is installation related. Could be something as unnoticeable as duct work static pressure. I wrote an article that I think is especially informative about questions to ask when buying new HVAC systems. https://homeheatproblems.com/30-questions-when-buying-a-new-hvac-system/
Good Luck
Chad
We purchased a Lennox EL280UH furnace on 9/23/14 and every year since we have had it , the Flame Sensor quits working. The company who sold us the unit has been here every year and has either cleaned it or replaced it. They were just here again today and cleaned it. They have given us many excuses and reasons why it keeps failing. Today they told me it is because we have chemicals stored near it. The furnace is in the laundry room and the chemicals are sealed laundry detergent and spray bottles. They claim the fumes escaped the sealed containers and cause the flame sensor to get dirty and quit working. I find this hard to believe. And I keep a very neat and clean house.
Sue, I have heard of that. It’s difficult to prove. But I used to tell those customers with furnaces in laundry areas take a wiff the next time they walk through the detergent section of wherever they shop for laundry stuff. You can tell when your in that section even if your blindfolded. Nothing to do with cleanliness. Those products are all opened briefly during use and that fume or chemical escapes, even a little bit and heads right for the burner of a furnace because the exhaust is pulling air from the room into the area around the sensor. Just sayin. It’s possible.
Chad
I bought 4 of the 24abb3 and all of them are having the same issue as Joseph! I ended up buying a 5th one to replace one of the older ones. Now they are all having problems working. I have spent over $30,000. on these units and I am at the end of my rope!!!! What do I do ?
Sorry for the delay in my response. That’s a huge investment. It sounds like it’s time to get some second or ever third opinions. The bulletin that Carrier submitted is all I can refer to.
https://siglercarrier.com/wp-content/uploads/2012/05/dsb14-0012.pdf.-TXV-incorrect-superheat.pdf
Print it and give it to a trusted service technician.
Good Luck
I purchased a new Carrier a/c unit 24ABB3 5/2015 Every time it was over 80 degrees my home in side temp went up almost degree for degree with the out side temp. Example 80 out side 74 inside / 91 out side 85 inside. The unit could not keep up. I asked many times “Do I have a bad Unit? For 5 year the company came out over 12 time. Said it was my home not the unit. My home is a basic 1400 sq foot home built in 1976/77. Now after the warranty is over I called another HVAC tech Who told me my Carrier unit is the first unit on the Dealer Service Bulletin # DSB 14-0012 Stating “Causing incorrect super heat for TXVs in residential split systems” Basic a bad system Did I get screwed? what can I do?
Hi Joseph,
I’m always a little reluctant to jump on the bad unit wagon. The bulletin that Carrier published states a solution and a field action. Did your latest techs do any of the field actions?
https://siglercarrier.com/wp-content/uploads/2012/05/dsb14-0012.pdf.-TXV-incorrect-superheat.pdf
I purchased a new central AC and compression system in November 2019 in S Louth Florida. I used the Heater for the first time yesterday and it stopped blowing hot air after 30 mins. First Company is the manufacturer and the warranty expires after 1 year and the heater broke after one use. Are there any Florida laws that protect their consumers?
Eddie, I think you should double check your warranty. Manufacturers warranties are generally 5 to ten years. Sometimes ten years on a compressor and sealed system (any part that holds refrigerant) and five years on other parts like contactors and capacitors. Labor is generally one year and I would think if your contractor has some integrity that they would be understanding about your no worky first time heating problem. Check your contract or give your contractor a call.
Good Luck
Chad