What recourse can I take against a heating and cooling business that replaced parts that were not defective?
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What recourse can I take against a heating and cooling business that replaced parts that were not defective?
Asked on August 7, 2011 Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the company or contractor replaced non-defective parts--but claimed they were defective; or replaced them without any authorization at all--then you may be able to sue them either for fraud and/or for some form of theft by deception or possibly breach of contract or negligence. The exact cause(s) of action will depend on the precise circumstances, but as a general rule, a repair service, etc. can neither lie to do work nor do unnecessary or unauthorized work. That said, if they told you they were replacing X, Y, and Z and did not lie in the doing so, and you authorized them to do the work, then even if it turns out after the fact that you didn't need the work done, there probably is no cause of action--doing work with disclosure, pursuant to homeowner authorization, is legal.
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