Legal Question in Consumer Law in Florida

Central A/C-heater malfunctions sending smoke thruout house

Central A/C is 2 years old and out of warranty. Installer exended mastic and fiberglass membrane down into the area where the heater is located and this material heated up and burned to the extent that smoke was sent throughout the house through the a/c ducts. After having trouble determining the cause or source of the smoke, repairman removed the heater coil and observed the charred material in the back of the heater box. He said that the area is only supposed to be metal so no fire is possible. The repair cost only $139.00 which included scraping off the offending material. I was never satisified with the installation job to begin with. Do I have legal recourse to recover damages? There was no smoke damage or anything of that nature, just the aggravation. Thanks.

Asked on 1/24/01, 10:27 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Central A/C-heater malfunctions sending smoke thruout house

You may have a claim for damages equal to the amount of the repair - $139.00. A court will not award any damages (money) for aggravation.

This is a case that would be proper for the summary procedure (small claims) court. You may handle this on your own without an attorney.

Scott R. Jay, Esq. (305) 249-8000

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Answered on 3/07/01, 9:31 am

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