Prior to the purchase of my home, I had it inspected. The inspection report prepared on 12/01/2009 by American Residential Inspectors listed under cooling equipment: "The A/C unit would not operate correctly at time of inspection and will need to be serviced; outside condenser would not turn on and will need to be evaluated by a HVAC technician." Patrick **, inspector, told us he didn't think it was a big deal because the A/C unit was a really efficient Trane system, it was relatively new, and the heating worked perfectly.
Still after receiving the inspection report, I would not sign the papers to close on the house until we had the A/C evaluated by an HVAC technician and knew it was in good working order. My realtor referred me to Jerry D's Air Conditioning and Heating, as some of her clients used him and were very pleased with his service. We called Jerry and he came out the next day (12/02/2009) and serviced the unit. He fixed the connection and then checked the A/C out. He told us everything was in great condition, we had a great Trane system, and all was well. You will note under work performed he commented, "Checked A/C unit per inspection report. Found outside disconnect not making connection. All working good. Unable to test Freon levels due to cold temps."
So, with the A/C working properly, I closed on the house on 12/17/2009. Since I had everything checked out and everything was in good working order, and your company, Home Warranty of America, was recommended by my realtor, I purchased the very best plan, the Marquise, for my protection. I chose your company because I took care of every known condition and your plan showed "Unknown pre-existing conditions now included for all programs--Marquise Program offers best value in the industry!" Although your company has no prerequisites, requirements, service, or certifications of conditions that must be completed prior to engaging in a home warranty insurance contract, I still had an inspection and A/C service completed for my own protection. You also do not require or even suggest getting some kind of maintenance report from the previous owner. I have only been in the house a few months, so I couldn't be expected to have a maintenance record as of yet. I did everything possible to assure everything was in excellent working order (which, I'm sure is more than most people do) and I felt comfortable that your program claims to cover unknown pre-existing conditions.
Because this part of Texas is extremely hot, I began using the A/C around 3/01/2010 and it worked perfectly until around 6/12/2010. When it went out, I called you and you referred my service to Patriot A/C and Heating. I had never heard of Patriot because they are located well beyond my city limits and after I had not heard from them for a few days, I called them and we scheduled a visit for 6/16/2010. Since my brother-in-law, Gary, knows more about these matters, he met with Steve and Jason from Patriot. While inspecting outside, Gary mentioned he could see some leaves around the unit, but the Patriot representative said it didn't look bad at all. He told Gary the compressor was out, Home Warranty of America would order a new one, and they would be back out the next week to install it. Needless to say, I was pleased to hear this because I am forced to stay with my sister and brother-in-law due to the heat and I am anxious to get back in my house. As I stated, Patriot said nothing about maintenance and you will note on the invoice, nothing is documented about lack of maintenance, anything being dirty, clogged or any other adverse condition. They also didn't show us any problem or even recommend having any cleaning done. The invoice only states, "grounded compressor."
We assumed HWA ordered the compressor and everything was on track until June 21st, when Natasha called to tell us HWA did not plan to pay for the compressor because she claimed it went out due to lack of maintenance. My brother-in-law told her Patriot did not mention any maintenance problems and when he brought up seeing some leaves around the unit; the serviceman clearly told him it wasn't bad. He also told Natasha that Patriot assured us that HWA would order a new compressor and they would be out to install it this week. Natasha (HWA representative) then firmly told my brother-in-law that the servicemen don't know what is covered and what isn't.
After hearing this, I called Natasha back and told her the problem couldn't be due to lack of maintenance because I had the A/C serviced on 12/2/2009 before I closed on the house. I made sure it was in good working order because the A/C is one of the most expensive things that could go wrong. Natasha then asked me to fax the invoice to her and I did that same evening. Next, I got an unexpected message on my cell phone from Natasha on June 23rd. She said she had received my fax and had some news. She said for me to call her or anyone at HWA. After calling a few times and being on hold for lengthy periods, I finally reached an agent who told me they couldn't pay the claim because the invoice I had faxed them was just for inspection. I explained to her that wasn't the case, as I had the home inspected prior to that and added that the initial inspection showed the A/C wouldn't come on because of a connection.
I further explained again that because of the inspection, I had the A/C thoroughly checked out and serviced by an A/C company (Donaldson) and that was the invoice I sent and it clearly stated the A/C was working good. She continued to disagree with me and I asked for a supervisor. She said I could call back the next morning for a supervisor; however, I complained about the lengthy hold time calling in and asked if she would check to see if a supervisor was available then.
She left me on hold for a long time and then a supervisor (Marsha, I believe) came on the line. I explained everything to her and she told me again HWA couldn't pay for the compressor because the invoice did not show that the A/C serviceman cleaned out the unit or completed a list of maintenance work. I described how he did check everything out, fixed the loose connection, and clearly told us the A/C was a good one and working great. Obviously, if he thought for a moment it needed cleaning, he would have told us and asked for the extra business. She continued to argue that the company they called out (Patriot) told her the problem was lack of maintenance (although he never told us that or indicated it anywhere on the service order/invoice). I told her either the man said that because he was expected to do so by HWA, he got us mixed up with another client, or she was simply saying that to avoid honoring the agreement to repair the A/C as contracted through my home warranty.
I, therefore, asked her to have someone else come out for a second opinion because I am convinced lack of maintenance is not the problem. First, she said she would do that, but I would have to pay the service fee again. I told her I would be happy to do so because we obviously need a second opinion. I told her again how we had the A/C serviced and the A/C had been working for many months in the hot heat of Texas. She asked for a list of my regularly scheduled maintenance and cleaning work that had been done. I told her I am diligent about having routine service done; however, because the man just came out a few months ago, it isn't time for service yet. Further, I couldn't possibly have a maintenance work list because I had only purchased the house a few months ago. She continued to disagree, so I told her to go ahead and schedule another service call, even though I would have to pay for it because I know the problem is not due to lack of maintenance.
After already agreeing to do so, she then changed her mind and told me she would not send someone else out unless I gave her a list of my scheduled maintenance. I then became angry because I suddenly realized what everyone had been saying must be true: that a homeowner's warranty is not worth the paper it is printed on and they will do anything to try not to pay a big claim. I told the supervisor I did everything in my power to make sure everything was in excellent working order before I even closed on the home and before I got a homeowner's warranty. I had the home inspected and I had the A/C serviced and was assured it was working great before closing. Further, HWA did not list any pre-conditions such as maintenance work, check-ups, or anything that needed to be done before they signed me on the dotted line, so to speak, and took my money. I did everything possible and was not even asked to. I chose HWA for my protection because I knew if there were to be any problems, they would definitely be unknown to me and the HWA packet reads, "Unknown pre-existing conditions now included for all programs." So, if there was something, I don't know about it and still do not believe it. We had the A/C looked at by 3 companies and not one mentioned anything to us or listed anything about it needing cleaning--not the inspector, D. A/C, or Patriot for that matter.
Needless to say, I am very upset by this because the unit was serviced and found to be working good on 12/02/2009 and it has been working perfectly in consecutive temperatures ranging above 100 degrees until it suddenly quit cooling. I had everything inspected, checked, corrected, serviced and in fine working condition before closing on the house and even purchasing the homeowner's warranty. In addition, we have routinely replaced the filter about every 10 weeks, as recommended by the inspector, and the filter hasn't even been very dirty. So, what good is a home warranty if you deny payment when all this has been done?
I hate to say this but everything I was promised and everything I've heard from HWA since I had a problem are in direct conflict. I can only believe, at this point, that this is a rip-off and unless you prove differently by paying my claim. I believe my voice should be heard by every realtor, insurance regulatory authority, the BBB, the Attorney General, and anyone who has the internet or ears to hear. Again, I ask that you review this as an appeal and reconsider payment of my claim. You may contact Mr. Jerry ** of Jerry D. A/C and Heat for additional information and you may send some other company out for a second opinion or expect me to do so in support of my claim.
It seems in signing my warranty, I agreed first to try to settle this among us, and if that doesn't work, the next step is mediation by arbitration. Should we need to move to the arbitration phase, please let me know how we get this process in action? Are our attorneys supposed to be present this early, or is the next step still just between us and a mediator? Instead of just depending on Patriot (who said nothing to us about a problem), perhaps you should call Jerry D. A/C and discuss the service he performed and any conditions he found on 12/2/2009. As mentioned above, I quickly called him today to get more information on what he found and to get his opinion. He welcomes your call and will address this situation because he found everything to be clean and in good condition when he serviced the system. He again confirmed, "The A/C was in good shape and working good." He also told me if it needed cleaning or maintenance at the time, he certainly wouldn't have ignored the opportunity for additional business; so, he would have told me, and would have tried to sell me those services. He further assured me the compressor should be covered by HWA.
While I had been very angry, I am no longer as agitated because I am confident that I am right, I have the support of Mr. **, I know in my heart you should pay this claim (as I'm certain you do) and I know I can win this case. I have the people and the reports to back me. In addition, you should be aware, since the heat forced me out of my home, that I have been staying with relatives. With all the delays caused by our dispute, I am about to overstay my welcome. Thus, I may have to temporarily move into a hotel and will include in my claim any unnecessary costs I incur as a result of your failure to pay for my compressor on a timely basis. This includes hotel costs, attorney fees, other service calls, etc.
So, again, please let me know what the next step is in resolving this matter. How do we set up arbitration? Do you want to call someone else to come out for a second opinion, or shall I? I don't guess it matters, because either way I have to pay for the service call. Should my attorney represent me for arbitration, or when is it time to get my attorney involved? If arbitration does not work, I assume my next step is to file a suit against HWA, and notify all of the realtors and brokers in my area, the Texas Real Estate Commission, any National Real Estate Commission or organization, Texas Attorney General, BBB, and my voice and written word over the internet. Please let me know because I want to honor my agreement in this contract and follow the proper procedures in settling this claim.
I bought the HWA Marquise Protection plan with subterranean Termite Treatment. The plan cost $535. I had my home inspected (12/01/2009) and then A/C serviced (12/02/2009) prior to closing on my home. The A/C serviceman checked it out and told us the A/C was working good and plainly indicated it on the invoice. I closed on 12/17/2009 and my 12-month protection plan began that date. Because Texas is so hot, I began using the A/C March 1, 2010 and it quit cooling on 6/12/2010. I have been unable to stay in my home since with temps above 100 degrees. I've been staying with my brother-in-law and sister, but I'm about to wear out my welcome. HWA proudly boasts, "Unknown pre-existing conditions now included."
As I said, I had inspection, A/C service checked out before I moved in. So all known conditions were taken care of. Now HWA has denied my claim based on lack of maintenance. I know that is not true. The Trane system is fairly new. I had it checked out before buying the house and my filter is changed every few weeks. My brother-in-law asked Patriot A/C (sent out by HWA) if the unit was dirty and they said it wasn't bad. They told him only that the compressor was grounded and assured him HWA would order another and they would be out to install it the next week. HWA says their servicemen don't know what is and isn't covered. It is so easy to tell after the fact. And after reading all the complaints that this company is fraudulent and if they are going to deny claims based on ridiculous things, they should make new homeowners have everything cleaned, serviced, and have certified information that everything is in perfect working order before they take consumer's money. Then they could not make these excuses for not paying. I am a senior citizen on a fixed income that barely allows me to exist. I took out the homeowner's warranty for my protection because I don't have the money to pay for things like this. I am out the money for Marquise plan, the $75 service call, and I can't live in my home.