What can we do if we bought a home warranty with our home but now the warranty company won’t help us?

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What can we do if we bought a home warranty with our home but now the warranty company won’t help us?

We bought this home back 6 months ago and we bought the best home warranty we could find and with there gold plan. We now need there help and they said they could only pay $200 of a $4,000 claim. Our central air went out and we have paid 2 different services for repair and both told us that we needed to replace the system. One quoted us $5,300. and the other $3,900. The home warranty service said that the system was to old for them to pay? Any ideas? We are both disabled and have had to go to doctor for heat exhaustion once and we are going back today. The current temp in our home is 99 degrees.

Asked on May 30, 2017 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may be able to successfully sue the warranty company for the money they should pay if you can show one or both of the following:
1) They breached or violated the plain terms of the warranty, which is a contract and which may be enforced in court like any other contract. You would have to show that under the clear terms of the warranty, they should pay in this case.
2) They actively lied to you about what they would cover, any limitations on or exclusions from coverage, etc. before you purchased the warranty, in order to convince you to buy it: doing this would be fraud. You would have to be able to prove this in court.


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