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Regarding home warranty contract

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What is the name of your state (only U.S. law)? Texas

I have had a home warranty with AHS for 5+ years. I currently pay $500 per year plus $60 anytime a service person comes out. This plan covers all my installed appliances, heater, a/c, etc.

Up until now I've been happy with the company and the tradesmen they've sent out. I call and describe the problem, they give me name and number of who is coming and in 1-2 business days the tradesman contacts me for an appt.

On 11/17/11 I called to advise the large burner on my glass cooktop was no longer getting hot. When I didn't get a call I called the assigned company on that Monday, 11/21/11 and gave my name and problem. He said hold on while I pull over, there's rummaging noises, then he comes back and says my paperwork fell under his seat. He came out on 11/23 at 5:30 pm and got the part number to order.

He proceeded to complain bitterly to my husband about being let in the garage door, he's no second class citizen, etc.

I called him a week later and he said he'd call me when he got the part, he's not Sears?

On 12/16 I called AHS bc my washing machine died. I asked about the burner and they said it was ordered 12/9 and received 12/16. I called the repairman on 12/20 and he said I'll call when the part comes in. I told him it was in and he said he'd check his porch.

I still have no large burner. I called AHS and they said they already paid him to do the job?! I called the next day to talk to a mgr bc they won't assign someone new. I asked how long he had to do the job. No answer. They don't have a cutoff and per their contract they aren't responsible for delays.

I'm trying not to be unreasonable but I think I've been more than patient.

Is there a timeframe at which a judge would consider the delay unreasonable or am I just stuck with this one? Could I at least possibly be released from this years contract, which started 11/1/11, to find another warranty service?
 



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