Legal Question in Consumer Law in Georgia

Dispute over necessity to perform repairs

We wanted our water heater to be replaced. The plumber insisted that this cannot be done without also installing an expansion device. We did not want that device but our home warranty company together with the plumber said that they would not do the repair unless I agree to pay $300 for the expansion device as this is a building code requirement.

I had no choice and agreed to that. Since then I found out from my county's chief plumbing inspector that this expansion device is NOT required unless it's a brand new house. I refused to pay for the expansion device. The company said that would put a lien on my house. What is the best way to handle this situation? How do I dispute this repair and charge without this affecting my home or credit?


Asked on 11/18/08, 10:29 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Dispute over necessity to perform repairs

Without excusing the lack of knowledge of the plumber, the issue on your end is that you apparently agreed to the charge and expense ahead of time. Presumably, you could have done the research before you agreed to the charge. This is not the same as a situation where you were charged for additional work/products not agreed upon. You can certainly argue that it was an unnecessary charge based on their misinformation, but you'll have to decide how far to take it. Most likely a hit on your credit could cost you a lot more than $300 in the long run.

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Answered on 11/18/08, 10:59 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Dispute over necessity to perform repairs

Once you agreed to let him do it, you owe for it. If you don't pay you put clear title to your home, and your credit report, at risk.

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Answered on 11/18/08, 3:47 pm


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