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Posted by Jim McLaughlin on May 25, 2006, 5:26 pm
The warranty company's liaility is spelled out in thewarrantycontrat. Ther
is o "prvity" between the warranty company and the tenant. Probably o
liability by the warranty company o the tenant.
I expect that the warranty contract has aclause or clauses that limit
liability to oly the owner, and provides no overage whatever if the house is
not owner occupied.
What is the tenant'sproblem. () degrees isnt that ot. Buy a fan for two
for the short term duration until the cgeap assed owner gets a contractor
in to fix the AC.
Fifty years ago in the same location it got just as hot. Folks survived;
"uninhabitable" my ass.
--
Jim McLaughlin
Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom
And you know it is a dotnet not a dotcom
address.
> Greetings,
> My question is if the liability of a home warranty company extends
> beyond the home owner to the tenant/renter of the covered home.
>
> The warranty is in the name of the home owner. A/C stopped working in
> the covered home. The temerature in the home reaches 90+ degrees
> without the A/C working, making it uninhabitable. As a result,
> tenant/renter was displaced and rented a hotel room. State law
> provides recoverery of the cost of suitable housing at a rate of not
> more than 25% above the periodic rate. The daily rate is $30, so
> tenant's maximum allowance is $37.50 per day.
>
> Home owner has made attempts by way of the warranty company to resolve
> the issue, and so cannot be viewed as being neglegent. If it can
> successfully be argued that the warranty company acted with neglegence,
> does the tenant have a cause of action against the warranty company
> directly?
>
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