Homeowner, Albuquerque home inspector disagree on contract details
I hired A & R Building and Home Inspections of Albuquerque, New Mexico, for a home inspection and warranty on my new home. The owner of the company, Ray [Tavarez], and his wife [Amanda] were about as terrible as they come.
When I had trouble with my water heater, [Amanda] claimed it wasn’t covered under the warranty, which was wrong. Then, when I prepped my evaporative cooler for spring, I couldn’t get the motor to turn on. I asked what the process would be to have them look at it. She informed me I’d have to pay a $50 deductible, and if they found it wasn’t operating due to rust, they wouldn’t replace it, as it wouldn’t be covered. That was news to me.
Amanda talked me into having a plumber come out and assured me I’d only pay the $50 deductible if they actually fixed something. The plumber arrived, and we determined that I was using the thermostat wrong. The plumber and Ray said I owed the deductible. This contradicted what I was told, so I refused. The plumber didn’t fix anything.
About a week later, I realized that my evaporative cooler was rusted through the base pan and was likely going to need to be replaced. I spoke with Ray and he said they don’t fix rust-related issues. He said this was clearly outlined in the contract (I never received a copy).
We finally agreed to part ways and he refunded my money for the warranty. But now I’m one month into my new home purchase, and I don’t have a home warranty. I want them to pay the $400 installation fee for the new evaporative cooler.
Brad Vicroy, Albuquerque
At the time of the home inspection, the member was told that his water heater had problems. Also, this water heater was just months old at the time. It’s under a factory warranty that overrides ours.
At the time of the inspection, he was told that his evaporative cooler was more than 20 years old and was rusted. He was also told that this unit was shut down and not tested during his home inspection. So this client knew at closing that both of these items had issues.
He called us because of the water heater. We told him it wasn’t covered because the problems he was having were noted on the home inspection. He didn’t agree and was upset. He then called us out about his A/C not working. We sent out a plumber and the plumber had to teach him how to work it.
Then he called us again saying his air conditioner is leaking. I told him we would send someone out there to address it. He stated that it was damaged and he wanted a new one. I told him the warranty contract clearly states that we don’t cover rust damage.
He was argumentative and demanded a new cooler. He then made the choice to cancel his home warranty and demanded a refund. We did so immediately. I believe we were more than fair with addressing his issues.
Ramon Tavarez, owner
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