How to get a home warranty enforced?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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