three or more years ago in august of 2003 i purchased a gas heater from a plumbing supply ; i had trouble with it from the beginning... now this years trying to buy parts and a service manual i have been informed the heater is obselete and that the unit is over 20 years. old.. but the description the dealer gave me was for a different model than he sole ,me... i cant buy parts.. and it is dangerous to use..i CALLED him and after a 2 hour conversation.. he said i had it three years.. and in so many words he said he was unwilling to do anything... also i found some one had been in the heater and did some welding... which is not susposed to be done on a gas appliance.. i found all this out when i e mailed the williams heater company and gave then the model number i was susposed to have... when i got the manual 45 pages. nothing matched.. then i found a tag inside the heater. with a different model than he indicated on the papers he gave me after three years is there any thing i can do
2006-12-23 10:05:57 · 5 answers · asked by Anonymous in Home & Garden ➔ Maintenance & Repairs
Sounds like you have already tried the civil approach and he blew you off. You need to do everything possible to preserve the evidence. From your description this looks like a case of fraud and should warrant a criminal investigation, but they will need every single paper you have concerning the purchase and installation of this piece of junk. I wonder how many other people this guy has done this to.
I'd get ahold of your state Attorney General's office and keep your fingers crossed that you live in a state where the attorney General takes consumer fraud seriously.
They can give you direction ,but at the least you will need to document everything that has transpired.
Your decision to provide all information to the Attorney General is something that you could reveal to your "contractor" as a last ditch effort to get action, although that would not help others who this guy may have taken to the cleaners.
You also, on the side, could pursue a civil judgment against this character.
2006-12-23 10:23:20 · answer #1 · answered by Coach 3 · 1⤊ 0⤋
I doubt this problem has enough money involved to be heard by Superior Court, so you probably should use Small Claims Court. The big issue will be statute of limitations - if you can prove fraud, then you might be able to have a longer timeline against the plumbing supply company.
Get every piece of paper you have about the purchase: sales receipt, installation manual, heater tag. Take pictures of the heater, all the labels stuck on the heater, and especially the questionable welding.
Write down an outline of your situation: when you replaced it; when you discovered the problems; when you learned that it was a 20-year old unit; when you contacted Williams Heater Co. And summarize all of your communications with the selling dealer - date, time of phone calls, topics discussed, agreements made, etc. This will be used as your narrative in court.
Contact a neutral plumber to give you an independent technical assessment, in writing, about the heater, quality of installation, and general condition. You want him/her to be a witness to your case.
I would then write one (1) demand letter to the owner of the plumbing company which sold you the heater. Send it registered mail with return receipt (signature) so you know the guy received it. Or FedEx will work too.
Tell the owner you believe you have been defrauded - you were sold a defective, unsafe and certainly out-of-compliance water heater. You demand that it be replaced with a brand-new unit with a full installation & warranty, and removal & take-away of the old unit. Demand a written response within 5 business days, otherwise you will sue and notify your county District Attorney, state DA and state contractor's licensing board.
I would not talk with the dealer/plumbing supply house. From now on, everything in writing.
Good luck. Hope you have a Merry Christmas and New Year's in spite of this problem.
2006-12-23 13:37:36 · answer #2 · answered by Tom-SJ 6 · 0⤊ 0⤋
Well DaddyPork you got Porked...what can you do: go to small claims court, file a lien against him, but then he'll just file a claim against you in the amount so he can still do business. It's not worth it, to go this far, which isn't far, is probably costing you in the neighborhood of five G's already.
Why, in heavens name did you buy this unit sight unseen or over the Internet, quite possibly though E Bay? I know you did. You should have gone though Home Depot...Lowes...Sears anyone of many reputable dealers.
Now, go lick your wounds, don't tell your friends how you got screwed, and I won't, go get a new unit through one of the for mentioned dealers.
2006-12-23 13:07:09 · answer #3 · answered by cowboydoc 7 · 0⤊ 0⤋
Sorry guy it sounds like he got the best of you. Check your small claims courts and see the statutes of limitations. You might still have a year to file also you would have to have you paper work and the model he said on paper. Good luck
2006-12-23 11:46:36 · answer #4 · answered by Berl W 2 · 1⤊ 0⤋
sounds like going to court. BBB and if your over 60 the state attorney general.. believe it or not the state attorney general makes calls to these people.
2006-12-23 14:09:22 · answer #5 · answered by hometech02 3 · 0⤊ 0⤋