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    gordiehowe's Avatar
    gordiehowe Posts: 11, Reputation: 1
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    #1

    Jan 9, 2009, 07:48 PM
    Do I sue Sears with lawyer, or small claims for 3k in Michigan, for inaction?
    Wife and I were getting bids on a Heat Pump-Like an air conditioner in reverse that heats your house in temps over 30 degrees. In Michigan it goes on a separate meter that costs 4 cents vs. 11 cents per K hour. Propane gas at 500 a month was killing us. 1st guy to come out was Sears. Gave us a price we had to do that day-but I asked him to let me check with a friend who was in the business. He was sure no one could beat it with all the specials he had on the equipment, and his being a "complete price". Verifying it, we went a head with the deal. This was October 15th. He said it would take a week or so to get things together.
    We called a week later and their rep asked about who to contact about installing the second meter. We gave them DTE number, and on a follow-up call a week later, by the 13th of November an electrician Sears sent came out to the house. Since then the wife did weekly follow-up calls-no one from Sears EVER called us. The rep in charge of the installation hinted they may have underestimated the cost of installing the send meter. It was a box and wiring-Edison supplied the meter and hook-up. Then we never heard anything.
    Finally on Dec. 2nd I took over from my wife and called them. The Manager said they would hook up to our current meter (the contract said hook up to current electrical,(did not need another amp main panel) under other it said" install a 4 breaker panel. (In electrical section) I went to the BBB and Sears told the BBB on 12-15-08. "Production problem additional materials need to be order. We are working with the customer to reach an amicable resolution. We will keep you updated on the service issues."
    I was put off a couple of more times by Sears- then on the 31st of Dec was told by Sears that they were only going to hook up to my 11 cents a KWatt meter- since "Under Special Instructions" in their contract it did not list another meter. (They did not list they would install Heat Pump "after meter is installed" either under Special Instructions. (Why'd they send out an electrician on November 13?)
    Now, today on 1-8-09 I get a box from the BBB with a letter from Sears saying I refuded installation being hooked up to "Current Electrical" so I voided their contract.
    I need advice! Should I go to Small claims where you can only collect 3k- I feel not being contacted until I called on Dec, 2nd- was a breach of contract. I've been paying for propane when I could have been using the Heat Pump at half the cost. Phone records will show all contact from this end, until I got involved. What do I do?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 9, 2009, 09:48 PM

    You may sue for the difference in what you paid for and what was supplied, and/or if you had to have another company do it, or fix the issue, that cost also.

    I will make one real important note, if and when any sales person tells you, that you have to buy it "right then" never buy from them, that is the first words of a sales person who is lying.

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