How to get a home warranty enforced?

UPDATED: Apr 12, 2012

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How to get a home warranty enforced?

We took out a home warranty policy and put in a claim for our microwave 5 months ago. The HW company is refusing to pay out as they state the machine is a “countertop” model. It’s a machine which can be countertop or, if a kit is purchased, it then becomes built-in which our machine is. The housebuilder installed it and it’s incorporated into the kitchen cabinets like the other ovens. What we can do to get this machine repaired or replaced? They have offered $200 towards replacement as a “gesture of goodwill” due to the length of time but it cost $600+ to replace.

Asked on April 12, 2012 under General Practice, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a home warranty with respect to the new property that you acquired where there is a problem with the microwave and the home warranty company refuses to make good on its warranty, your option is to file a small claims court action against it for the $600 plus to replace the microwave that you believe is covered by the policy that you purchased before close of escrow.

You have the burden of proving the costs of repair or cost of replacement at trial.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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