Unit was installed 10 years ago and over that time it has cost 6 to 7 thousand dollars in repairs to keep it operation. Recently had more problems and had a new company come out to look at it. Initial survey found a leak in the coils and would be an additional $2000 to repair it. I asked to have a rep come out and give a price on a new unit. the first thing he says after looking at the current was was that the duct work was too small and there were not enough return ducts which caused the unit to be starved for air and not work properly. As I said this was a constant problem over the years and every time they fixed something we thought the problem would be resolved but then the next thing would go wrong.
You can always sue in Pennsylvania for this sort of problem, and, in particular, since you have less than $8000 in damages, you can sue in small claims court in the community in which you live. You may lose this particular case due to the statute of limitations. Generally, a breach of contract has to be brought within 4 years of the breach of the contract. In this case, the breach occurred 10 years ago. Unless the contract contains some unusual clauses such as an extended warranty, your contract claim would fail. However, you are not completely out of luck. If you plead a tort (french word for "wrong"), then in Pennsylvania, if you have a valid tort pleading, you can bring an action as late as 2 years after the discovery of the tort. In this case, depending on specific facts, you may be able to plead the tort of fraud, and that you did not discover the fraud until recently. The fraud would be in the "cover up" by the initial installation company which failed to disclose to you that the duct work was too small, or in lieu of fraud, negligently mispresented this to you. This is a distinct pleading from the deficient duct work. Any court is likely to say you should have been on notice of the deficient duct work many years ago. However, if you were the victim of the installer's fraud or negligent misrepresentation of the deficient duct work, then that extends the statute of limitations until you finally discover the fraud (or negligent misrepresentation). Since you only just discovered the problem, the 2 years under tort would start from the time of discovery. Bear in mind that the defense would argue either that contract law controls, not tort, and they may have a winning argument, but then again, they may not - if you can show fraud or negligent misrepresentation. It's a tough case. Assuming you get the judge to allow the case to proceed on the basis of fraud or negligent misrepresentation, then you have the problem of proving that the duct work was too small. Again, that's a tough case. The good news is, that for a little over $100, you can represent yourself in small claims court and see where it goes. Win or lose, either side has 30 days to appeal to the Court of Common Pleas, though such appeals are rare in practice. Finally, if you have any evidence of fraud or negligent misrepresentation, then you can also plead a violation of PA's consumer protection statute - that allows you the chance to be paid attorneys fees and triple (treble) damages. You could also report the fraud to the Attorney General's Office (PA) who may be able to help you redress this with the installer. In this case, you should consult with a contingency attorney who handles Consumer Law in your area. He or she probably won't want the case - it's extremely iffy based on your facts -- if so, you are still free to pursue it in your local small claims court. it's possible that just by filing a claim based on fraud, misrepresentation and violation of the consumer protection statute, the dealer may offer some settlement that you would be happy with. If not, you simply show up with your evidence and see what the judge says. It's probably worth it just to see what the judge thinks of the case. If I absolutely had to guess based on what you've said, I would guess you would lose, but it depends on just how strong your fraud/misrepresentation argument is, as well as whether the duct work is too small, and lastly, if too small, was it obvious all along?
