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Can I sue for fraud, faulty hvac installation

Georgia

I paid 5500 for hvac replacement. He advertised licensed but isn't. Now unit leaking water, very noisy loud, blowing dirt and particles out vents. Can't get him to send someone to fix. Stated not his responsibility, quit harassing him

6 replies

Jul 22, 2020

Fraud is very fact dependent and requires you to prove intent to deceive. It can be difficult. However, you may have a valid breach of contract or a warranty claim. The question to first consider is whether the vendor is worth chasing. Often, people who misrepreesent their bona fides don’t have money or know how to hide it. 

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Jul 22, 2020
He advertised he is licensed contractor, and he gave written warranty for 1 year, and now won't fix properly. Isn't it fraud to advertise licensed and not. Take my money and not install correctly
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Jul 22, 2020

It's possible, but you have to prove intent to deceive. If the fact of licensing is the reason you selected that particular contractor, you may also have to show whether you made any effort to verify the license as part of a fraudulent inducement claim. Fraud is one of the more difficult claims to prove. Additionally, where a claim is based upon the same facts that support both a breach of contract claim and a fraud claim, the law favors the breach of contract claim which may bar the fraud claim. Have you confirmed there is no license? Did you check the company name and the individual's name? Do you have a screen shot of the ad stating the contractor is licensed? And as questioned earlier, is this contractor worth chasing?

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Jul 22, 2020
I searched site, he nor business show up as licensed. I guess I am confused. If he sold me hvac installation with warranty etc, took my money and didn't install completely and correctly, and said its not his problem, that I am harassing him. How is that nit intent to deceive. If I lie about a license and I sell you a service and I have argued about and not installed or serviced properly after taking money how is that not deceit?
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Jul 22, 2020
Yes. I have business card and screen shot of ads saying licensed contractor. And asked him fir it prior to during and after installation for him and subcontractor. The supposed electrician who wired it up. Neither licensed. Now I spent 5500 no warranty on service or unit because no license. Just confused how its now fraud. Thanks
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Jul 22, 2020

You're getting into details that this site is not equipped to handle. You shoud speak to an attorney and explain all of the facts and the reason (per the contractor) why repair is being refused.

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