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Joe Home Buyer

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  1. Pretty much. I guess I can find some comfort knowing that the contractor is being fined by the Board for not pulling a permit. Does nothing for me, but the fine is minimum what the part would have cost him & maximum what the contract value was. What a bone head. If anything, expensive lesson. I'll update this with the outcome of the various attempts.
  2. Alright. So all this rests with my ability to convince the sellers to assign me "any and all claims against the contractor arising out of the HVAC installation". That would give me privity. I'll go to the bond with that & my $ claim, if this first request is denied. If it goes to court, what would you see as a "fair and reasonable" request? The value of the system, installed was around $7,000. It was sold as a Carrier system, 1 year old with 9 years remaining on the warranty... instead, it's 10 years old and has zero years on warranty.... and doesn't work.... and has building code violations (no install permit + electrical issues) Cost to repair & permit is about $1,500.
  3. PG1067 - thank you for your thoughtful answer. I appreciate that you offered some sort of guidance. While the purchase price was based on appraised value, small things like stucco damage, dead lawn, damaged driveway etc. were not considered. I think you're right though, spearheading an argument with "I would have paid less for the house" is not the best course of action. State Board = Contractors State License Board. "protects California consumers by licensing and regulating the state's construction industry. CSLB was established in 1929 and today licenses about 290,000contractors in 44 different license classifications." Your link actually goes to them. Okay, no case law. Makes sense. I figured I would be prepared. No - there was no assignment. Is that a normal thing to do? This was my first home purchase and I relied on an agent & home inspector... and disclosed invoices, permits & statements. I will request the sellers for assignment. There is nothing about the age or brand, just that they work (at the time of inspection). Yes - I did have a conversation with the contractor. A couple times, actually. The first time was way back when I moved in. I found that the contractor did not port the condensation line outside the basement. Water was spilling into the basement and I requested he come fix it. He told me his office was 100 miles away so I told him fine, I would do it. I let it go, not a huge deal at the time. Second conversation was about the broken system. He requested a diagnostic so I paid a local company to do a diagnose & passed it on. I was under the impression that the whole system was a "Carrier" brand, which even after a change of ownership, carries a 10 year warranty from time of install. The contractor took my diagnostic to the distributor who promptly denied the warranty claim due to age of the system (from purchase date) and the fact that PAYNE warranties do not transfer. At that point, he told me "Good Luck" and refused to help. I then did a little research, found out that the system was Payne and not Carrier & that, based on emails from the distributor, not a "new" system. I confronted him about this, comparing the facts to his invoice and requested he simply pay for the $300 part I needed. I offered to pay for shipping + pay someone else to install. He refused. At that point, I filed my complaint.
  4. Appreciate your input, "Adjuster". Issue was brought up because the unit is not actually working. The air handler has a bad motor. The warranty is not transferrable as it is a Payne product and not a Carrier product as I was told. Carrier has a warranty that transfers while Payne does not. I'm working with the distributor & the MFG to figure out if the Carrier product (compressor) has a warranty as it's written to have a 10 year warranty from time of install. Their initial response to me was "no", because it is so old. I did question the items - I questioned how old and what brand. The answer was "2016" and "New" and "Carrier". Half truths, at best.
  5. In early 2017, my wife and I purchased a home in California. We asked about the HVAC system, the sellers provided a statement saying the system was a "new, Carrier system installed in 2016". This statement was backed up with an invoice from a state licensed HVAC installer. We went through with the purchase, believing the HVAC was just one year old & carried the standard 10 year warranty that Carrier brand products carry, even with transfer of ownership. This improvement, paid for by the sellers was considered when we made our offer. HVAC installer was under contract to install a new (model from 2016), Carrier brand Heat Pump & Carrier brand Fan Coil. What was actually installed was a PAYNE brand fan coil / air handler that was manufactured in 2010. It was sold to contractor by the distributor on 9-29-2015. The Heat Pump, while it was an actual Carrier branded product, was manufactured in 2007. This unit was sold to contractor by distributor on 8-12-2012. I went to the state board & they claim they have no jurisdiction (except for the lack of a permit) due to the change in ownership. That the contract was with the sellers & not with me. They further claim that even if the sellers would cooperate with me, they couldn't file a claim because of the sale. So, no relief via mediation by the Board. The board suggested a small claim lawsuit (damages are above $10,000 but for simplicity, I may opt for that). The challenge is finding case law to deal with my claim of breach. I did not participate in this "contract". It was between the sellers and contractor. I was the "buyer" of this contract & it was used as a negotiation tool by the sellers for our real estate purchase. The transfer of ownership is why the contractor was not pursued by the State license board. I basically need help with the legal argument. Does anyone have any suggestions? I don't want to show up in front of a commissioner and he dismiss for the same reason the Board let it go. I have filed against contractor's bond. They have a week or so to respond still.
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