What can I do if my service contract is not being fulfilled?

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What can I do if my service contract is not being fulfilled?

My water heater started leaking and is complete non-functional but I have a contract with the seller (a big box store) that they’re obligated to repair/replace if broken. I called them, they verified via phone that its broken and a replacement is needed and a contractor was assigned. After several calls thereafter to both the contractor directly, as well as the seller, they failed to not only meet the scheduled appointments but not call to reschedule. It’s been 2 weeks now that I have no hot water and am forced to not only take cold showers but everything else in between. Is there anything I can do legally?

Asked on April 2, 2012 under General Practice, Massachusetts

Answers:

Daniel Bowen / Daniel D. Bowen, Attorney at Law

Answered 9 years ago | Contributor

Send the store a letter stating that if they do not fix the heater within five (5) days, you will have it fixed and sue them for the cost.  Failing to timely repair the water heater is a breach of the service contract.


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