Mike Fisher Realty & Construction Inc.

Review: I purchased a newly built home with all new appliances, Well/Septic, and Heat Pump in June 2010. In the closing contract the builder [redacted] and I had an agreement that for the 1st Year any repairs would be covered by the builder. For the past 4 years I have had the same issue with my HEAT PUMP. I have spoken to the builder many times asking him to honor his agreement and do the right thing. Below is a list of my issues that I have been trying to resolve for almost 4 years.

September 25th 2010:

[redacted] was called because the Air Conditioning was not blowing cold air, thermostat reading 85 degrees, and the lines were frozen up to the Heat Pump Unit outside. He called the installer [redacted] to come out and look at it. The HVAC guy ([redacted]) first accused me of not changing my air handler filter often enough and that's why the A/C went out. Then he said it could be a leak. He kept beating around the bush and did not want me outside watching him while he was checking the unit. His final words was that it he didn't put enough 410A refrigerant when he installed the Heat Pump. I'm not HVAC certified so I took his word for it because he was able to get the air conditioning to start working.

February 2011:

[redacted] was called again because the Heat Pump was continuously cutting off and on and not maintaining the heat in my house. Again he sent [redacted] out to my house and yet again he did not want me to watch he was doing while checking the Heat Pump. He comes back in and tells me that he put too much refrigerant in the lines last September but if it happens again that he would come back out and check for a leak. Yet again I am not an HVAC technician so I believed him but was still thinking that it could have a leak. So by June 2011 my 1yr home warranty by the builder had expired and of course there were no more Heat Pump problems the whole summer until July 3rd 2012. So now I got screwed over and will never get my HEAT PUMP fixed because they lied to me long enough so that they were not obligated by the ONE YEAR agreement to fix my heat pump. Each time [redacted] comes to my house he never gave me any paperwork stating what he did to my heat pump.

July 3rd 2012:

I wake up to get ready for work and notice how hot it is in my house and that the Thermostat is reading 87 degrees again. So I call the builder [redacted] and he gives me the number to the HVAC guy ([redacted]). I call the HVAC guy and leave a message. By this time I was so sick of having these issues with my Heat Pump that I hired [redacted] to come out and take a look at the unit on July 4th 2012. The technician acknowledged that the unit was low on refrigerant and that there has to be a leak but did not take the time to look for the leak because it would cost me extra. He charged me $180 for the service call, 2 lbs of refrigerant, and a fee for coming out on a holiday. I should not have had to hire another company. The builder called me July 5th to see if my heat pump was fixed. I said yes but not by [redacted] and that it cost me $180. He said the next time the heat pump stops working to call him. He also acknowledged that there could be a leak but its cheaper to call him and get refrigerant put in the line every year. By this time I was ready to talk to a lawyer but it cost money to hire a lawyer. In November 2012 I enrolled with a service called [redacted] which covers lawyer fees and helps with litigation issues. I would soon be giving my lawyer a call September 2013.

September 2nd 2013:

Yet again on another holiday my thermostat is reading 85 degrees so I call the builder and the HVAC installer. [redacted] said he would be out the next day. I have done some research online over the past year on my [redacted] HEAT PUMP unit and saw that there are many complaints and lawsuits about leaky systems. Most of the literature says a leak will happen on the condenser coils. I was outside looking in the top of the unit to see if I can see oil from the refrigerant leaking on the coils. [redacted] arrived and told me to go inside and relax. He retrieves a tank with 410 A refrigerant from his car and I go back outside to see what he was doing. He proceeds to add refrigerant to the heat pump line. After he was finished he checked to see if the air ducts in my house were blowing cool air. While doing this I asked him " So since this is the 3rd time you have been to my house don't you think by now you or the builder would check for leaks?" [redacted] said "Its possible that there is a leak but [redacted] would need to pay me to find it and fix it." I said I will be giving [redacted] a call. Again, the HVAC technician still did not give me any documentation that he was at my house. I called Sept. 3rd and made an appointment to see a lawyer September 15th. I called the builder and explained to him how messed up it is that this issue could have been fixed September 2010. He acknowledged that there was probably a leak but its cheaper to add refrigerant every year because the Heat Pump will just leak again in another spot. He also said that while building the house that one of the construction workers punctured the copper line in the wall while installing a shelf but he fixed that leak. I told [redacted] that I will still be speaking with a lawyer.

September 15th 2013:

I went to see the lawyer and the lawyer basically talked to me like I was an it and told me I don't have a case because I waited so long to come see her. Had the Heat Pump went out in 2011 then I would have had no choice but to see a lawyer if the builder refused to fix the issue. This issue would not be going on this long because it would be taken care of in court by 2011. I told her that I am not a HVAC technician and I trusted what the builder and the HVAC technician were telling me in Sept. 2010 and Feb. 2011. It wasn't until July 4th 2012 that I suspected something was really wrong. I also told her I did not have money for a lawyer in 2012 and that I just paid $180 for a service call and they wanted more money to search for a leak. The builder should have corrected the issue in September 2010.

February 2014:

My Heat Pump starts acting up again and not keeping the temperature in the house. This time I call an HVAC company that was referred to me by a close friend. I call the company and speak to the owner and he tells me to turn on my emergency heat and use the floor heaters that I have been using and he will get out to me as soon as possible. The following week after it has stopped snowing the HVAC company comes out to check my unit. Within 10 minutes they find a leak on the outside unit condenser coil and that it will cost $800 to fix it. The HVAC Technician said it looks like it has been leaking for a long time. The HVAC company charged me $140 for the service call which took no time to find the leak. Now I understand why [redacted] did not want me looking inside the unit at the condenser coil lines. I have now been without working heat pump for 3 months because I have to save my money to fix an issue that should have been resolved years ago. I have phone records, witnesses, and other documentation to back up each time I have talked to [redacted] and [redacted]. They have had many chances to resolve this issue.Desired Settlement: I would like $1000 to cover the cost of the repair from an HVAC company of my choice and to recoup some of the money I spent on service calls to 2 different HVAC companies.

Business

Response:

I spoke with [redacted] from the business and he stated that when the company went out to look at the unit, the consumer was out there trying to fix it. There was a 1 year warranty on the unit and the consumer is out of that warranty. Every time the consumer called about a problem, they were right out there to take a look at what was going on. [redacted] stated that the consumer could contact [redacted] that carries the part and usually has a 10 year warranty. [redacted] is not willing to pay the consumer because the consumer didn't service the system properly with once a year service. He said that [redacted] is willing to still go look at the system and see what the problem is.

Business

Response:

I spoke with [redacted] and [redacted] from the business and they stated that [redacted] does have a 10 year warranty on parts and if the consumer could get the part, [redacted] would install it at his cost.

Consumer

Response:

I have reviewed the offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[Provide details of why you are not satisfied with this resolution.]

1. Main reason for the complaint: I want the builder and the HVAC Technician to admit that there was a leak in the system within the first year of me owning my home and they chose not to fix it. There is no reason other than a leak and thats why the HVAC technician ([redacted])added refrigerant on Sept. 2010 and Feb. 2011 in order to get me past their obligation period.

2. I do not have a 10 year warranty only a 5 year warranty on the system because the HVAC technician failed to tell me to go online and fill out the form with [redacted] Manufacturing. [redacted] states that the paperwork must be filled out 60 days after install. I was not told until Sept. 25th 2010 to fill out the paperwork by ([redacted]). As good business practice the installer should fill out the form online for the homeowner.

3. I have ordered the condensor coil for free but the shipping is gonna cost $125 to ship from Texas to VA. The labor is gonna cost me $600 but the technician guarantees his work for a year.

4. I would let [redacted] install the part but he has lied to me so many times that I do not trust him nor do I think he will guarantee his work. I think [redacted] and [redacted] should pay the $600 Labor for me considering I have spent $180 in 2012 for a service call and refrigerant, $140 Feb 2014 for a leak check, $200 deposit April 2014 for replacement of condensor coil. I can provide invoices as proof of payment if they don't believe me.

Regards,