CONSUMER ALERT

SCAM UNCOVERED IN A/C REPAIR

A few years ago, I was doing some home improvements with the premise that I would be in my home well into my retirement years. My theory was to make the "major" repairs while I was still younger, so, that these items would not be issues later in life when money would (presumably) more scarce. One of the things that I did was to buy a middle-grade Trane air conditioning and heating unit. Because I have severe allergies, I opted for the whole-house air cleaning system with the ultra-violet light to kill any mould spores that normally grow in all a/c systems. I was very happy with my purchase and considered myself to be a wise home owner in this choice.

Very quickly, I found problems. Within a year, the unit would fail to reach the thermostat temperature in very hot days. (I rarely set the temperature below 78 degrees). The repair techs assured me that this was due to low freon amounts and this was repaired after a few trips.

The following year, the air conditioning went out entirely. The prognosis was that ants had infiltrated a part, but, the tech cleaned it and sprayed the system. The presence of these ants was explained as being a result of the severe drought that my area was experiencing. I also purchased some ant bait stakes and placed them all around the unit. There were no problems after that.

I also purchased the service agreement whereby the A/C techs come out twice a year as preventative maintenance. The tech came out in the fall and pronounced everything to be in good working order. This same routine was performed in the spring, in fact, just a few weeks ago. Once again, everything was pronounced in great working order.

Now, mind you, this air conditioning unit was purchased in 2005. It is now 2008. The system originally cost $8k including installation. Already, I think that I have had more than my share of issues with this unit. However, I think I have a handle on it now with the preventative maintenance inspections and the fact that we are out of a drought, so, there should not be any additional issues.

It is early in the year and we in NC are now experiencing a serious heat wave. I am very confident that there will not be any problems with my unit.

Wrong Again.

I come home from work to a house at 92 degrees Fahrenheit. My two dogs, a husky mix and a lab mix are practically gasping and even the cat is downstairs with those dreaded dogs since it is unbearable upstairs. I open all the windows (luckily it was a rather cool evening) and call the tech. He is not able to come until the morning, which is fine with me. When he comes, he says that the same part that the ants infiltrated last year has now been destroyed by the same ants. Now, the argument that I have here is: 1. the service guy was just here two weeks ago and said nothing about the ants 2. we are no longer in a drought, so, why do we have ants to begin with? I pay for the part since it was going bad a year ago, but, not for the service call. I figure that the ants did not just show up a day ago to destroy my part; they had to be there before and I should have been told so that I could spray or do something to prevent this problem. However, just to be sure, I go to the local home improvement store and buy ant killer stakes and place them all around the unit, with a few stakes actually poking in the unit itself.

Still fuming over what I am thinking is a huge scam, I talk with many co-workers, friends, people from around the world. NO ONE has ever heard of the ants-in-the-air -conditioner problem. This makes me angrier since I paid very good money for this machine only to have constant problems with it.

The heat wave gets worse. Last Saturday, when the temperatures topped 101 degrees, I came home from a day's outing to a 95 degree house!!! Again, the dogs are gasping and the cat is trolling the downstairs for a quiet place to hide. Call the tech who says that he cannot come until sometime the next day!! and he then alluded to the fact that there could possibly be more ants in the system and the compressor might have to be replaced. I almost blew a gasket. I told him don't even come, I would let them know when I needed them. Opening the windows this time did not do much good and the temperature in the house only dropped to a balmy 85 degrees Fahrenheit overnight. Sleeping was not easy. Going somewhere else was not an option with 2 large dogs and a cat which don't all get along that well in a confined space. I was also afraid to leave the animals lest they really experienced health issues in this severe heat.

Sunday, I spent the day reading different forums and professional websites concerning the whole ant issue. I was emphatically told that, not only is this an issue, but, it is the home owner's responsibility. My question to that is: if the homeowner is not made aware that this is a possibility, how can they prevent it?

I also filed complaints with Trane (and I have yet to hear from them) and with the BBB.

Monday, I tried to find another A/C tech to look at the system. Since we were in the middle of a massive heat wave, they were a little hard to find.

Tuesday, the company that installed and has been "maintaining" this system called to inquire if my service issue from Saturday had been resolved. (I really think that she was responding to the BBB complaint as I received an e-mail saying that they were accepting the complaint earlier in the day) No, I tell her and I voice my frustrations that this A/C unit had only been repaired earlier in the week and it was down again within a few days. Considering the cost of the system, this was quite unacceptable. She was very sympathetic and scheduled a service call for the following morning.

The tech was late (naturally) but, his prognosis is: you guessed it,: ants. In our conversation, he recommended an exterminator because the ants were pretty bad. I did not pay for this service even though the cost was $250.00. That would make $500. in one week fixing something that should not be a problem to begin with.

The next step is to get an exterminator out there. He was very kind and showed me that the actual ant nest was not in the air conditioner, but, in the electrical box just above the A/C on the wall of the house. This nest has been there awhile and the ants are Argentine ants which are apparently attracted to electrical things. Because my yard is wooded, this makes it more attractive to these ant as well. He made many suggestions to assist in the eradication of these pests, including the service. I appreciated his candor and his service. So, now, I am a customer at $42.00 per month, not counting the initial service call of $85.00.

HERE IS THE SCAM:

1. HVAC companies do not tell consumers that ants/insects are a potential problem that must be continually monitored. The reason that they don't tell people is so they can then service the broken a/c units; charging for the damaged parts and service call and then put it back on the homeowner. "You should have known that this was a potential problem".

2. Preventative maintenance checklists do not have a place to check for ants/insects. This way the tech cannot be held responsible and thus point one can be instituted.

3. The companies that manufacture the air conditioners and the parts are also aware of the situation, yet, they fail to make units or parts that are sealed and thus uninhabitable for these pests.

4. The perception is perpetrated that if you buy this "Quality Machine" then, with the proper service and frequent changing of the air filters, you would have a long, stress free life with this unit.

The purpose of this blog is to advise consumers to be aware of this issue and avoid this scam by properly monitoring your outside units and be sure to spray them frequently!

Final update from BBB complaint:

(The consumer indicated he/she DID NOT accept the response from the business.)The terms of my complaint have not been satisfied. The preventative maintenence technicians did not alert me to the possibility of ant infiltration despite the fact that the ants nest was less than 8 inches away from my unit. I have never heard of such a possiblity nor had any of my friends. That is why I want it included in a disclosure with the new installation and preventative maintenence of every unit. Checking for ant/insect infiltration is not even listed on the preventative maintenence checklists provided by Trane online. Hence, how is a homeowner to know that this is a possibility?This complaint is not only for myself, it is for the consumer at large. There are many people that do not know anything about HVAC units nor the upkeep of them, which is why they hire professionals to advise them. If we are not properly advised by the professionals that we hire, how are we to know what to do? Conversely, how does it then become the fault of the consumer when something is not done and the part fails? The company states that "ants are an act of God". I am not disputing that. I am disputing the fact that nobody TOLD me that having ants or insects in my HVAC unit was a possibility until I started yelling that my unit was going out multiple times in a week. Logically, one would think that a new unit such as this one would be properly protectd against such things due to the fact that it is a known fact that it would be outdoors and possibly prone to such things. Also logically, one could understand that a fluke in weather, such as a severe drought, could wreck havouc in the "normal" protection provided. However, in a regular summer, the probability seems remote or non-existant if one were thinking logically (as I was). Other mechanical things that are outdoors, such as cars, do not seem to have these issues. Hence, I was reliant upon the advice of my preventative maintence technician who did not mention one word about checking for insects at any time. My desired resolution stands: refund the preventative maintenence contract money since the unit was not properly maintained to begin with, then, refund the payment for the service and a written disclosure must be given to the consumer with every new install and every preventative maintenence service alerting the consumer to the possibilty of insect infiltration and what to do to prevent them.My next step will be to go to the state legislature to get those disclosures required by law. As I stated, this is not just a complaint to benefit myself, it is for the consumer at large.

NOTE: the company did refund my money for the service, but, did not meet the remaining conditions. The BBB complaint is listed as closed, but, unresolved.