No permits found for installation...

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Sounds like the systems is not designed correctly and there are airflow issues causing your system to overwork and fail. I would get the system inspected by a few reputable companies in the area and see what they say about the design. You may get the original contractor to do something, but considering the fact that your the 2nd owner of the house and you don't have a contract with them, it may be hard. Good luck!
 
I sent XYZ, co. a nicely written email to them; no threats just requested an explanation. They called me back so obviously nothing in writing. I got no where with them and they lied about the following dates:

(6/3/2015) "replaced battery and fixed loose wire at thermostat...= $90", which I refused to pay...They stated "that wasn't us.".

(10/2015) When the tech left without presenting me a bill, they stated "I WAS presented a bill and refused to pay".

XYZ, co. went on to demand a credit card for payment and threatened collections...I reluctantly paid them by credit card to avoid collections, telling them I didn't believe I owed them the money.

As for the system...I agree, I should probably get the it inspected by a few reputable companies in the area and see what they say about the design.

As for XYZ, co., I can now dispute the charge with credit card company, report them to state licensing board, BBB, etc...Your thoughts?
 
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I sent XYZ, co. a nicely written email to them; no threats just requested an explanation. They called me back so obviously nothing in writing. I got no where with them and they lied about the following dates:

(6/3/2015) "replaced battery and fixed loose wire at thermostat...= $90", which I refused to pay...They stated "that wasn't us.".

(10/2015) When the tech left without presenting me a bill, they stated "I WAS presented a bill and refused to pay"

XYZ, co. went on to demand a credit card for payment and threatened collections...I reluctantly paid them by credit card to avoid collections, telling them I didn't believe I owed them the money.

As for the system...I agree, I should probably get the it inspected by a few reputable companies in the area and see what they say about the design.

As for XYZ, co., I can now dispute the charge with credit card company, report them to state licensing board, BBB, etc...

Your thoughts?

All communication(s) during a situation like this should be via registered USPS. You must have a written trail , no he said, she said..
 
The home inspector said it wasn't a big deal; I could not be held responsible nor get in any sort of trouble nor incur a fine, if it wasn't installed up to code before I bought the house.

OK...Great!

How much responsibility does the installer "XYZ Co." have, if it wasn't installed up to code?

The home inspector is not performing the service(s) you paid him for.

He didn't want to take the time or inform you how to go about finding info regarding a permit. You accepted his advice so now have to live with it unless you can prove the installation was not done to code and without a permit.

Code(s) can be a PIA but they are there for a reason(s), and not being a source of revenue. If a contractor performs services without pulling a required permit, you are as guilty as he is, IMO.

The resultant fire can burn down your house and your neighbors.
 
it is not only your opinion, it is fact.

if you go to court saying you hired a contractor and he pulled no permit or was not licensed and you were aware of the fact

your hands are dirty, you can not sue him if your hands are dirty.

if he lied, and represented himself as licensed and you have a case.

on another note. if you do not pay the bill, all he can do is put a mechanics lien on your property

that means the bill has to be adjudicated before the property can be sold or mortgaged

kinda of a joke really,,if you live their for 30 years,,

or, if the amount is under a certain amount, he can take you to small claims.

but,,judge will laugh if he has no license...dirty hands againhttp://screencast.com/t/KzrJIyhkHiUw



before, you get all pumped up over your letter

call the building department, ask, if the work that was done, in their jurisdiction, requires a permit to be pulled.
not all work requires a permit.
do not send a letter stating facts that you do not know as true
it will hurt you later
 
read this..



why did you remove the condensate p-trap ?


my advice. find a different ac contractor and chock it all up to life experience
 
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In 2012 I bought the house that you all have been helping repair, which was built in 1970. Everything was original except the central HVAC, which according to the stickers on it was manufactured in 2010 and installed by XYZ Co but I could not find a permit with the local municipality for the installation.

The home inspector said it wasn't a big deal; I could not be held responsible nor get in any sort of trouble nor incur a fine, if it wasn't installed up to code before I bought the house.

OK...Great!

How much responsibility does the installer "XYZ Co." have, if it wasn't installed up to code?

My concern here is that if the installation was not permitted with finish inspection that maybe either the contractor was not fully aware of proper install or had field tech(s) that did not know, fully understand or care about proper install.

Did you call the manufacturer and ask if the system had been registered and to what extent the warranty still applies, even though an improper install can void any warranty (don't mention any problems)?

True you wouldn't be liable (per HI) for the improper install but if found to be an improper install may be forced to bring the install to code.

In today's world, an insurance investigator and/or a fire marshal investigation, say after a major fire, could lead to the insurance carrier telling you to have a nice day.

Lot of untrained/unknowledgeable, fly-by and crooks out there.

I would make sure it is found to be or corrected to meet current code and then worry about the legalities.

Your inspector gave you bad advice IMO.
 
The home inspector is not performing the service(s) you paid him for.

He didn't want to take the time or inform you how to go about finding info regarding a permit. You accepted his advice so now have to live with it unless you can prove the installation was not done to code and without a permit.

Code(s) can be a PIA but they are there for a reason(s), and not being a source of revenue. If a contractor performs services without pulling a required permit, you are as guilty as he is, IMO.

The resultant fire can burn down your house and your neighbors.

it is not only your opinion, it is fact.

if you go to court saying you hired a contractor and he pulled no permit or was not licensed and you were aware of the fact

your hands are dirty, you can not sue him if your hands are dirty...

Just to clarify...I didn't hire the contractor, the previous owner of the home did, 2 years before I bought the house.
 
read this..



why did you remove the condensate p-trap ?


my advice. find a different ac contractor and chock it all up to life experience
Thanks!

I didn't remove the condensate p-trap...The drain line disappears into the wall behind air handler then runs under the house and reappears, barely sticking out of the ground outside. Apparently, this IS my condensate p-trap...Running under my house.
 
My concern here is that if the installation was not permitted with finish inspection that maybe either the contractor was not fully aware of proper install or had field tech(s) that did not know, fully understand or care about proper install.
My concern as well!

Did you call the manufacturer and ask if the system had been registered and to what extent the warranty still applies, even though an improper install can void any warranty (don't mention any problems)?
All they said was the manufacturer tells them what the warranty is and this is no longer covered.

True you wouldn't be liable (per HI) for the improper install but if found to be an improper install may be forced to bring the install to code.

In today's world, an insurance investigator and/or a fire marshal investigation, say after a major fire, could lead to the insurance carrier telling you to have a nice day.

Lot of untrained/unknowledgeable, fly-by and crooks out there.

I would make sure it is found to be or corrected to meet current code and then worry about the legalities.

Your inspector gave you bad advice IMO.
We know that now, don't we... That being said, who would be responsible to pay for bringing it up to code, if need be; me or the licensed contractor, who installed it without pulling permit or getting inspections?
 
They said was the manufacturer tells them what the warranty is and this is no longer covered.

They being who?

We know that now, don't we... That being said, who would be responsible to pay for bringing it up to code, if need be; me or the licensed contractor, who installed it without pulling permit or getting inspections?

It all depends on what you find regarding permits, if installed correctly and if the facts cause them to correct any concerns (done with permit). If not, court. You then have to justify legal costs as opposed to simply having the system brought up to code.

I, at the least, would try to inform the AHJ if no permits pulled was found.
 
From the work I do, the property owner is ultimately responsible to bring things up to code if required. It was the last homeowners responsibility to make sure permits were pulled by the contractor. I can hire a handyman to put a new roof on my house without pulling a permit or hire a licensed contractor, either way it is up to me if I pull the permit or deal with the consequences. Most good contractors will not work without a permit being pulled. Personally I think by bringing it up with the City you are just going to make things harder on yourself.
 
I think you have to become the tech, learn how to change parts and even better figure out what is causing them to fail. Pay them off and get rid of them.
 
XYZ, co. said the manufacturer tells them what the warranty is.

You need to contact the customer service line of the manufacturer of the system and see if they kept any dealer (XYZ) information (registering/warranty claims) of the system. There may be a reference there as to whether any permit was pulled.

No permits were pulled so who would be responsible to pay for bringing it up to code, since no permits were pulled?
Ultimately you, as the HI gave you incorrect info and as a result you bought the property based on that info.

Who or what is "AHJ"?
http://www.gridalternatives.org/sit...r No. 9 - Authorities Having Jurisdiction.pdf
 
OK, so going to city or state may open a can of worms that I don't want opened. With that said, I am now preparing to dispute the charge with my credit card company (already spoke with them), report XYZ, co. to BBB, post to sites like Yelp, etc...In what order, would you do these things or does order, in which they are done not really matter?
 
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BBB try to solve the issue so they want to deal first. If you go other routes first they won't help.
 
OK, so going to city or state may open a can of worms that I don't want opened. With that said, I am now preparing to dispute the charge with my credit card company (already spoke with them), report XYZ, co. to BBB, post to sites like Yelp, etc...

In what order, would you do these things or does order, in which they are done not really matter?

You need to contact the customer service line of the manufacturer of the system and see if they kept any dealer (XYZ) information (registering/warranty claims) of the system. There may be a reference there as to whether any permit was pulled.

If you contact the manufacturer's customer service line, they must have some kind of record where their product went and installed by what contractor.

On that record it may have an entry as to whether the system was installed to code with permit and if the dealer/contractor said yes but one is not on file, you may be able to justify small claims court expense and/or report him the AHJ.

Have you had a certified contractor come in and give you a ballpark figure to comply with manufacturer's requirements and local code(s) (usually the cost of a service call in your area).

I would be more concerned with safety at this point and exercise revenge later..
 
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