It’s March. You have just moved into a cute little rental house in California’s Central Valley, where summer temperatures are routinely – dangerously – well over 100 degrees. Within days the air conditioner fails, and a frustrated repair technician says, “I have been warning the owner and property manager for the past four years this entire system needs to be replaced, but they just have me putting Band-Aids on it.”

Anyone who has lived in this part of the country long enough has thought, “What if it fails in July or August?” Fear is the operative word. For families with young children and the elderly, properly functioning air conditioning is a “Keep out of the hospital” pass.

Your kids are 8 and 3.

Now, it’s July. Temperatures have been over 100 for days and the A/C quits. Not sensing any urgency, the property manager brings one window unit – one window unit for an entire house? What. This gal wasn’t just behind the door when common sense was handed out, she wasn’t in the building. Stamped on her forehead are the words: Uncaring incompetent.

With the house unlivable, your children are tearfully sent to live with relatives. The property manager is taking her sweet time looking for the best deal for a new A/C, and in reply to your request for a partial rent reduction, states, “The owner is thinking it over.”

“Thinking it over?” What’s to think over? If you rent a home with A/C that can’t be lived in due to a preventable failure, obviously a rent reduction of some type is in order. And the failure to treat tenants the way they deserve to be treated is exactly why many landlords and property managers are hated.

What should she have done? What would a competent property manager do? Finally, what choices should a tenant be offered?

 ‘You must care about the welfare of your tenants – Don’t pass the buck’

Pasadena-based property manager Anthony Dolan described a similar incident facing renters in a home located in the San Fernando Valley where temperatures exceeded 105 degrees for days.

“You must care about your tenant’s welfare. This was a family with both young children and elderly grandparents who were not in good health. The home was clearly not habitable, creating a dangerous situation. We treated this as a true emergency giving the owner the choice of putting the family up in a hotel, or installing window air-conditioners in each room while the entire system was being replaced.

“Dennis, just like the situation you describe, the middle of summer with a failed A/C isn’t the time to go shopping for the best price. Within two to three days, any home system can be replaced, and that’s what a competent and caring property manager should work towards,” he points out.

Property managers have authority to act but often pass the buck

Dolan has little respect for “so-called property professionals” who refuse to act in a tenant’s best interests when emergency repairs must be accomplished, and who give as an excuse, “We can’t reach the owners,” or “We don’t have that authority.”

“Property management companies have the legal authority to make necessary repairs, and, as they receive rent on behalf of the owner, usually have adequate money on hand. It’s not just legally required to properly maintain a rental, but it makes good business sense. A happy tenant pays the rent on time, doesn’t give you any trouble, and protects the owner’s investment. Just think, as an owner, you are entrusting real property worth thousands of dollars to this tenant. Treat them right and they will treat you right,” Dolan emphatically states.

A problem-solving, fair lawyer enters the scene

As I’m sure you have concluded, we are talking about readers who contacted You and the Law when the kids were with family members and both mom and dad were literally sweating it out in the house, confined to the one room with a window air conditioner.

We phoned the property management company, asking for their help in a rent reduction pending the home A/C system being replaced, but were bluntly told, “Speak with our lawyer, Mr. X.” and then hung up on. Nice.

As luck would have it, “Mr. X” is a rare breed of lawyer, a fair man and dedicated problem solver.

He agreed this was no time for anyone “to think over” a rent reduction, as fundamental fairness demanded it. We arrived at a figure and within days of our conversation, a new A/C system was installed.

“A/C up and running. House cool. Kids home!” texted our reader.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Lovers of governmental conspiracy theories will enjoy today’s story, as we look at what has been an on-going effort—for at least 10 years — by California and energy utilities to take control of your home’s thermostat and much more.

Only this is no theory. It’s for real, and we’ll tell you about in a moment, but first, picture yourself returning to the produce section at a supermarket the day after you purchased a five-pound bag of potatoes — for $1.79 — instead of the 10 pounds requested.

Today, the price at the same display — the same bags of potatoes — is $8.25. You ask the produce manager, “What’s going on? How can this be?” and her response is, “Well, we just got word that the next crop of potatoes months from now will be more expensive, so we are passing that cost on to you, now.”

That’s what we see with petroleum. Prices can change hourly, even though what is in the service station’s tanks today was paid for months ago, as most suppliers hedge their costs, and buy forward, while happily passing along those future prices to us, today. To most consumers, this practice stinks.

Beginning several years ago — over significant objections — Smart Meters were installed by energy utilities across the country. These devices allow charges to vary by time of day, sending information about a customer’s usage to the utility in real time. Rate plans are offered, so that it is possible to significantly reduce your bill by scheduling certain activities — running the dishwasher, or doing a load of laundry — at hours when prices are lower.

“And Smart Meters were nothing in comparison to what’s happening now,” Chatsworth, California-based Tony Albers, Product Manager at Venstar, Inc. told You and the Law.

Venstar is one of the largest U.S. makers of energy-saving smart thermostats with over 8 million sold in the North American market.

“Dennis, your readers need to be aware that if they are going to replace their home heating and air condition system, and the contractor files a building permit, then a new thermostat will likely be required,” Albers points out, adding, “But not just any thermostat.”

As he explained, “California’s Energy Commission is now requiring that thermostats are able to communicate back to the utility which could have the ability of raising or lowering the temperature setting to reduce the homeowner’s energy use.
You read correctly. Your utility could be able to raise the temperature in summer, or lower it in winter, saving energy, and something more.
However, things go well beyond being able to take over your thermostat. It will be more difficult to anticipate how much our energy bills will run, and we should expect to pay more, as Albers describes:

“Much like airlines which contract for jet fuel months out, locking in the price, utilities do the same thing, buying a year out, a certain amount at a set price. If a heat wave comes through, or winter is abnormally cold they need to purchase more energy on the open market, and must float with the price as it goes up and down.

“Utilities do not want to buy a year out. Their wish — granted by California — is to pass along real time pricing to the homeowner. So, you could be on a good rate plan, but if they are suddenly required to purchase more energy, up goes your bill,” he observes.

“To help the homeowner know consumption and cost, new thermostats must be able to display your current price level. If you are paying a 24 cents per KW and your price spikes to 50 cents, the thermostat can be programed to set itself back, and that’s a very good thing.”

Homeowners are legally able to avoid losing control of their thermostat by purchasing one online or from a home improvement store.

“The ability of a utility to take control of your temperature settings is something that has to enabled by the homeowner. It isn’t automatic. So, merely connecting a new thermostat does not allow the utility any access to it,” Albers underscores.

Three years ago this column reviewed programmable, smart, wifi thermostats produced by Venstar and Honeywell, finding both to be excellent products, and since that time we have realized significant energy savings. Many more are on the market today.

In our experience, having the ability from anywhere to adjust the thermostat has been a great convenience and a conversation piece as well. Do your research, watch user videos, and get ready to lower your energy bill.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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One of the great things about air-conditioning is an increase in comfort due to reduced temperature and humidity as refrigeration extracts moisture from the air through condensation. That water must go somewhere, as the Jennings family would discover.

“We’ve got water in the hallway, coming from the closet where the hot water heater and A/C is located. The pan under the heater has water pouring out of it, and the carpet is soaked! Come home right away!” his wife, in a panic, texted.

Thirty minutes later, Ray Jennings found water overflowing the pan under the water heater, soaking the hallway and bedroom carpeting. Fortunately, a few months remained on its 9-year guarantee, so “I called our plumber and a few hours later, we a new hot water heater, blowers going to dry the carpet — preventing mold — and his $300 bill.”

Later that evening, Ray at first thought his wife was joking when she said, “I don’t believe this! The new hot water heater is leaking! We’ve got water everywhere!”

Ray called the plumber who raced back to their home and announced:

“It’s not the water heater. Before, it was impossible to see where the water was coming from, but now I know.”

There was nothing wrong with the old or the new hot water heater, yet all signs pointed to a leak, a really big leak. But appearances are often deceiving.

In July, the family had their 10-year-old air conditioner serviced, which included “blowing out” the condensation drain line with compressed nitrogen gas. They lived in their house over 35 years — never having a problem with the drain line becoming plugged, but being sure that it is open is an important part of routine maintenance.

They were informed by the technician that an expansion value, also known as a TXV, needed to be replaced. This repair was accomplished a few days later.

Stephen Stout, president of Hanford-based Kennies Indoor Comfort Specialists, describes this as “A messy, four-hour job where a large part of the system is taken apart to reach the TXV, but once replaced, the system functions as intended, efficiently and removing much more moisture from the air.”

Stout notes that, “An air conditioning system can produce over a gallon of water an hour which is disposed of through the drain line. But if it becomes clogged or partially blocked and the unit produces more water than can the line can handle, the overflow of water can lead to damaged floors and carpeting.”

And, I’ll bet you are thinking, “But what’s the connection between the A/C drain line and the water heater?”
The plumber pointed out that the A/C condensation drain pipe in this 50-year-old house was something he had never seen before and had two functions: Carrying condensation outside and draining into the water heater pan in the event of leak.

But all that water – remember, over a gallon an hour – wasn’t draining outside, instead, it went in the direction of the pan, spilling out and flooding the hallway.

“As the air conditioner was off when we removed and replaced the water heater, there was no way to know that it was the source of the water,” he explained, adding, “Call the A/C company now, as they need to come right over and blow out that drain line.”

Our readers were home when both jobs were performed. “But after the TXV repair, they did not blow the line out to make sure it was clear, but did when returning after the flood.”

To Stephen Stout, “This is a rare occurrence. However, with a very old system, when you start disturbing it, you can knock rust, debris, dirt, a lot of stuff loose which could plug it up.”

We asked him, “Now, as we have a system working better, producing more condensate, would you agree they should have blown it out after the repair, and, potentially, even returned a few days later to repeat the process, just to be sure the line was clear?”

Stout replied, “It’s not a bad idea and certainly appeared to be necessary.”

Stout was one of many HVAC contractors we spoke with, all agreeing that, at the least the plumber’s $300 charge should be split, or for customer goodwill, the entire amount reimbursed.

We took these comments to the family’s A/C contractor. He picked up the entire charge — reluctantly and after blaming the plumber!

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today’s story will be of special interest to both tenants and landlords — anyone considering the purchase of rental property — wanting to increase income, “which took off like a 4th of July skyrocket following the stock market crash of 2008,” Pasadena-based Jon Dolan of Dolan and Knight Property Management told You and the Law.

“Even today, we see financial refugees from the stock market who cash out, purchase apartments, or single family residences, which they consider as relatively safe investments and not too difficult to manage in their retirement.

“For some, it is the worst financial decision of their lives, as few people are emotionally equipped to be landlords, especially the elderly, and this is not a put-down of older people, just a statement of fact from our experience.

“If you do not deal well with a drunk, irresponsible tenant behind in the rent yelling at you, either, do not become a landlord, or find a competent property management company and hope that they know the law and will keep you out of hot water. Check them out – the last thing you want is an incompetent property manager,” Dolan stressed.

As you’ll see, it’s a pity that 85 year-old “Henry” (who resides in Los Angeles) didn’t hear Dolan’s advice before buying a two bedroom condominium on Greenfield Avenue in Hanford in November of 2015 and hiring a Property Management firm we will call IAU, standing for Incompetents Are Us.

Had he Googled their name, we might never have heard from our reader, “Laura,” who became Henry’s tenant on Dec. 17, 2015, as he would likely hired a different property management company, after reading:

Horrible communication!! They lie and tell the tenant that they are in communication with me and that I have not responded. I request information and, if I get a response, they completely avoid the subject! Any problems are left for me to deal directly with the tenant. I’ve even left messages for the business owner to call me back regarding the issues, but she doesn’t return phone calls either.

“Rocky” was IAU’s Hanford manager, and had Laura sign a California Association of Realtors “Residential Lease or Month-to-Month Rental Agreement” with “Central Heating and Air Conditioning maintained by owner” stated on the lease.

The term was from Dec. 17, 2015, to Dec. 17, 2016. But neither (A) the Month-to-Month, nor (B) the Lease sections were marked.

“The result of this glaring failure to designate what kind of a tenancy it is means that the tenant can consider this as either a year-long lease or month-to-month, regardless of any discussions had before signing the lease,” Dolan commented, adding, “The lease form tells you to check A or B! This is absolute incompetence.”

“Upon moving in on December 18th with my young children, I realized there was no heat, reported this to Rocky who told me, ‘It’s not my problem — It’s not our obligation of providing you heat. Call the Gas Company.’ “

Of course, that is complete nonsense and violates the Implied Warranty of Habitability protecting tenants from Simon Legree landlords.

“I did. They came out on January 8th and explained that someone had failed to turn on the gas! So we had weeks without heat, my kids having to live with relatives.

“Repeatedly, I reported that the garbage disposal and a toilet were not working. Rocky said, ‘You just have to wait.’ Finally, a month later, my brother fixed the toilet. Two months later they fixed the disposal.

“The air conditioner failed in May and I reported it. Over a month’s time they sent three different A/C companies but none were given authorization to repair the system! Rocky said that legally the landlord was not obligated to provide heat or air conditioning! That’s when I contacted you.”

We confirmed what Laura told us by speaking with Rocky who wins no awards for being either competent or polite. Next, we spoke with the owner, Henry:

“You are obligated to provide heat, plumbing in good working order, and in our climate where it is often well over 100 degrees, to promptly fix the A/C ! So it is in your interest to let her out of the lease and make a substantial refund.”

He agreed. He had to. For Henry is a “Lion in Winter,” an attorney for over 58 years, highly respected with a State Bar award in his name, “Looking for a better price on repairs,” was his justification that legally doesn’t fly.

Laura has moved out. Legally, she could have in December, and we’ll tell you why in a future story.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post What landlords, tenants should know appeared first on Dennis Beaver.

September 5, 2015 • By Dennis Beaver

“We own a rental house in an agricultural area near Lemoore. Two years ago, a couple who work at the Naval Air Station rented the property. As is gets dusty – especially in this drought – the lease required changing the A/C filter every month and having the system serviced twice a year,” “Bert” explained in an email.

“The tenants apparently did neither. We just got a call from an air conditioning company explaining that they were called out because the system had quit working and will require close to $3,000 in repair charges. The reason for the failure was a clogged return-air filter which so restricted airflow, that the compressor and related machinery basically burned out.

“We feel the tenant is responsible, but wanted to check with you first. Thanks.”

Filters protect the equipment

“When was the last time you changed your air conditioning filter?” Stephen Stout and his staff ask their customers every visit for A/C service or repair.

As president of Hanford-based Kennies Indoor Comfort Specialists, he has heard the same answer countless times, and on occasion, having to deliver very costly bad news directly related to the A/C filter.

“At least 10 percent of our service calls are related to clogged filters — like your Lemoore reader — and the resulting costs can range from a routine service call to several thousand dollars for a major repair, such as replacing a compressor, fans and related equipment.

“People tend to forget the last time they changed the filter, particularly when they buy so-called 90-day filters. They may last 90 days for places where there is little run time or where the air is fairly clean, but in dusty, or farming areas and places affected by drought, there is no such thing as a 90-day filter,” he emphatically tells You and the Law.

We asked Stout, “How much filtration do I need? Is there any reason to buy a filter which traps the smallest particles, or is the typical $5 filter generally adequate?”

“From our perspective as contractors, the main purpose of a filter is to protect the equipment and when changed as often as is necessary, the fans, compressor and other equipment are kept clean, prolonging system life significantly. You do not need an expensive filter to do this. Any entry-level filter will be just fine.

“Filtration is an extremely personal choice,” he points out, “where some people benefit greatly from increased filtration, while others do not realize any benefit, and can actually wind up with a higher electrical bill placing unnecessary stress on the A/C equipment if they buy a filter that gets the smallest particles and fail to change it often enough,” Stout concluded.

The right filter will greatly improve indoor air quality – MERV

Can we both protect our heating/cooling system and greatly improve indoor air quality? Let’s say we have issues with allergies, pet dander, smog, or maybe someone at home smokes, but we do not want to go out and buy special HEPA air cleaners to install in each room.

As we learned from Minneapolis-based Jay Elepano, Senior Product Manager for Indoor Air Quality at Honeywell, the answer is, “Yes, indeed, today’s filter technology can deal with those issues if you do you do your homework, understand how filters are rated, shop carefully and change the filter on a regular basis.

“When shopping for a filter, you’ll see a MERV rating or its equivalent, and this stands for Minimum Efficiency Reporting Value. The higher the number, the better the filtration, and for residential use, they go from 1 to 16.

“While dust will be reduced, filters with a MERV rating from 1 to 7 are meant primarily to protect your heating/cooling system,” he points out.

“Most home heating and cooling systems are designed to only require a MERV 4 filter, and the reason is that it’s less likely clog if the homeowner forgets to replace it on time, but waits an extra month or two.

“Dennis, for your readers who live in areas with very poor air quality, such as Los Angeles — or someone at home smokes — you need a MERV 13 filter as it captures these sub-micron particles.

“37 percent of homeowners are aware of having serious indoor air quality issues in multiple rooms, and they have two ways of addressing the problem. Either purchase two or more portable air cleaners, or use MERV 13 filters which is by far the most cost effective, whole-house solution.

“But that said, mark your calendar to change the filter on a regular basis, as a MERV 13 filter is not forgiving when saturated,” Elepano cautions.

And Bert’s tenants? Let’s hope they have a large bank account.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When was the last time that you changed your furnace or A/C filters? Do you know why, in addition to controlling furnace and A/C run times and temperatures, filters have a huge impact on energy use and the life of your entire heating/cooling system?

“When you say huge impact, that is absolutely correct,” points out Jay Elepano, Minneapolis-based Senior Product Manager of Indoor Air Quality at Honeywell.

“Most people do not understand the importance of regularly changing your filter. What can result when not done is something you would never dream of,” he adds.

“Furnace and A/C filters serve two purposes,” Elepano observes:

• Protection of the unit itself from dust, dirt and debris that would shorten its life by years;

• Improving indoor air quality.

But when filters are not changed when necessary, you can expect:

• Higher energy bills;

• Less comfort in the home or office;

• Higher maintenance costs and greatly reduced life of the A/C coil, compressor, blower motor and a risk of carbon monoxide poisoning if the heat exchanger fails.

“Today’s filters are very good at capturing the most minute particles, and make a real difference, especially for allergy sufferers, but it is important to keep in mind that greater the filtration, shorter is the filter life — perhaps lasting only a month.

“When the filter is not changed when required, it becomes clogged, greatly reducing air flow, adding incredible amounts of stress on the entire system as you are forcing it to work much harder. It’s like trying to breathe through a straw.

“Over time this can lead to a breakdown of the system, and nationwide, clogged filters are responsible for a very high percentage of service calls.  But there are warning signs, such as your house not getting warm or cold enough, and energy bills which seem way too high. So, if you see any of these things, first check your filter. Change it, and hope there is no damage,” Elepano stressed.

Selma reader “Terry” would learn these expensive lessons a month after moving out of the house he and his wife were renting, “out in the country, near farms, ranches and orchards where it was very dusty,” he wrote.

“We were idiots, I admit. The landlord gave us a stack of filters for the furnace and A/C the day we moved in [and] told me to change them every month, but we completely forgot. Our utility bills were sky-high, but we never thought the reason could be that the filters were clogged. We just forgot, no excuses.”

“And then, the day before we moved out, the whole system just quit. I found out later that the clogged filters required over $2,000 in repair costs, and the landlord withheld $500 from our security deposit. Don’t you think she should have had a service company take care of changing the filters?  If I sue for my security deposit, who will win?  Do you have any advice?”

We phoned Terry. “Sure, we’ve got advice for you. Man up, accept responsibility, apologize and recognize that the landlord gave you a real break. You said ‘no excuses,’ remember?”  He agreed.

“Filters are rated on their ability to capture,” Elepano explains, “beginning with the largest particles such as dust and pollen, and down [to] the much smaller, such as bacteria, smog, smoke, mold spores. This is called a MERV rating, and stands for  Minimum Efficiency Reporting Value, and goes from 1 to 20, with 20 being the most filtration in a media (paper-type) format.

“As all filters restrict air flow to some extent, it can be a costly mistake to choose one with a  higher MERV rating than you need, for if you do not replace it often enough, over time, you will harm your system, driving up energy bills in the process.

“In selecting a filter, if the MERV number is not disclosed, then a good rule of thumb is the higher the number on the package, the more filtration. In general, for home or a small office, an equivalent of 8 – 12 would be appropriate.”

“The key to energy efficiency and prolonging the life of your system regardless of any MERV number your select is in replacing the filter in a timely manner,” Elepano underscores.

And, if you want even more filtration and cleaner air?  That’s where an air purifier might help, but there are scams galore and claims that would even make Bernard Madoff smile. In a future report we’ll tell ways of improving air quality at home without breaking the bank.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post The high cost of not changing your furnace and A/C filters appeared first on Dennis Beaver.

I needed to be at our office at 7 in the morning one Monday when nighttime temperatures in the San Joaquin Valley fell to below freezing. The new thermostat which we were testing for this story was scheduled to give us 72 degrees by 8:30, with an “unoccupied” winter setting of 55 degrees Fahrenheit, high enough to keep interior pipes from freezing.

So, when I stepped inside, an hour and a half early, how cold do you think it was?

It wasn’t cold at all – it was a comfy 72.  But how could that be, as no one had been in the office all weekend long?

Using my computer from home the night before, I accessed our Wi-Fi enabled smart thermostat, changing the program; I could also have used an App on my Smart Phone.

But that’s the bling part of this new generation of smart, programmable thermostats.

The real value-and reason to upgrade-are the significant energy savings and added comfort these amazing, user-friendly devices bring.

For the past several weeks-at the request of “Eric,” a reader in McKinleyville, way up in California’s beautiful Pacific Northwest, we have been testing Consumer Reports top rated smart thermostats manufactured by Honeywell and Venstar, both home and commercial versions.

He asked, “In your opinion, does it make dollars and cents to change our old thermostat?”

Our answer is absolutely yes.

With one difference-a talking feature on Honeywell’s Wi-Fi Smart Thermostat with Voice Control, activated by saying Hello Thermostat and helpful for visual or mobility impaired users–both companies have products that are unbelievably easy to set up and use, will save you money, and ideal for any home-especially those with internet and Wi-Fi.

For anyone who thought that a thermostat was boring, then hang on to your utility bills, because now it’s easy to benefit from the energy saving features which programmable thermostats have had for years:

“But which a high percentage of people have never used.  In our experience, 90 percent of people have a setback thermostat, but only about 50 percent know how to use it.  Of those, perhaps 20 percent will use the energy-saving, programmable setback feature.

“Older folks are less likely to use programmable thermostats than younger, as are recent immigrants with limited language skills.  So, a thermostat that is self-instructing in the owner’s language would be so much easier,” Hanford-based Stephen Stout of Kennie’s Indoor Comfort Specialists, told You and the Law.

Walks you right through the programming

Prompts and engaging menus that walk you right through all the settings-such as time, temperature, days when you are away or when the home or office is unoccupied-are actually fun to set up and offer multiple languages. But these thermostats are also just beautiful, allowing vast choice of color and appearance changes to match any decor.

We spoke with Brad Paine – Director of Residential Product Marketing at Honeywell, and Tony Albers, Venstar’s Product Manager. Both pointed out what the ability to remotely control your thermostat means to the user who has internet and Wi-Fi.

“Remote access is awesome, it’s truly phenomenal,” Paine enthusiastically commented. “It is a feature that changes our industry dramatically, offering significant energy savings and greater comfort and control to users.”  Albers agrees, noting:

“There are many reasons why remotely monitoring and having the ability to adjust settings can be important.  Now, it is possible to be anywhere and see if your equipment is running when no one is there. If you will not be at home at the usual time, with an app, you can adjust the program and temperature, saving hours of run time, or as you did, tell the system to come on earlier than programmed.”

Do it yourself or professionally installed?

“If you can connect a computer router, then you should easily be able to install a smart thermostat,” Paine told us.  “But if not, then call a contractor,” he suggests.

While both companies have extremely easy to follow installations instructions, as our office staff are all thumbs, we used a licensed heating and air-conditioning contractor, and that can be a good idea for another reason.

“The advantage in having a professional do the installation,” Albers stressed, “is that it will be done correctly, and the features and simple programming will be explained. It is money well spent – and that investment will be recouped in energy savings.”

But there is more to energy savings than owning a smart thermostat, as you can still see insanely high bills while shortening the life of your entire heating and air-conditioning system. We are not exaggerating.

The key to avoiding expensive repairs lies in selecting the right filter and changing it on a set schedule.

And that’s our story, next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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In August of 2008, Christina Couture of Hanford spent close to $9,000 for two energy-efficient Tappan air conditioner units. Less than four years later, both failed because the refrigerant leaked out of the evaporator coils, which are made from copper tubing and aluminum fins.

While the manufacturer’s warranty covered parts, Christina was responsible for labor costs totaling $1,200.

The air conditioners she replaced worked well for more than 15 years, so when these new units failed so soon, her curiosity turned to a feeling of being ripped off by an entire industry when she learned thousands of homeowners across the country are experiencing identical failures — often within two to three years after installation — and it didn’t seem to matter who manufactured the A/C.

Christina thought the customer service people at Nordyne, which manufactures Tappan and many other brands of air conditioners, would be willing to reimburse her for the labor charges in view of these obviously defective, leaking copper/aluminum evaporators. “But the person I spoke with refused help in any way, claiming they didn’t have to as it was a parts-only warranty,” she said.

“Why did the system I replaced work fine for so many years, and this new one fail so soon?” she asked. “Can manufacturers legally shield themselves with parts-only warranties on products with an abnormally high, premature failure rate?”

A lot of people all over America are asking the same questions.

Virtually all manufacturers affected the same way

“The failure of these evaporators is an industrywide problem that affects virtually all manufacturers the same way,” Stephen Stout, president of Hanford-based Kennies Indoor Comfort Specialists, told You and the Law.

“You rarely had a leak in older systems which used R-22 Freon. But federal law required a change to R-410, and after A/C units using it came onto the market around 2006, that’s when the problems developed.”

“There has to be a link,” Stout maintains. “Why are so many copper/aluminum evaporator coils failing on multiple brands of equipment manufactured around the same time? We first noticed the problem in 2010, having an unusually high number of failures, and it was absolutely obvious in the summer of 2011. The industry had to know no later than 2010, yet are still sending out replacement parts exactly like the defective coils, and they generally refuse to cover labor charges.

“Customers are upset, knowing that something is very wrong, and expect the manufacturer to step up to the plate, but that is not happening. Until the industry finds a fix, my advice to anyone looking to replace an A/C is that you need to know what not to buy and to ask the right questions.”

What is the evaporator made of?

Modesto-based Mitchell Bailey, president of Bailey’s Heating and Air, Inc., has been sounding the alarm and “hoping for federal action or a major class action lawsuit” to help protect the thousands of homeowners who are out millions of dollars because of this problem the industry has closed its eyes to.”

“Until the industry finds a fix for these leaks, here is my advice to anyone looking to replace an A/C unit:

1) All-aluminum evaporators are resistant to the corrosion we are seeing. That’s what you want in your A/C.  Some manufacturers are making internal changes, developing coatings or other protective measures for copper/aluminum evaporators, but until we know for sure, try to avoid copper.

2) If you must buy an A/C with a copper/aluminum evaporator, strongly consider also purchasing the 10-year parts and labor warranty that most manufacturers offer.

3) See if your selling dealer will agree to a fixed labor price as part of the contract that is well below what would normally be charged should the evaporator or other parts fail within the time frame of the manufacturer’s warranty on parts.

‘I know when your older system is going to fail’

“While we all want energy efficiency, you do not want all the savings to go for repairs of a new, failure-prone system,” Stout notes, adding:

“Regular service  prolongs the life of an A/C. A technician takes amp reading, observes the condition of the coil, looks for evidence of oil leaks or excessive debris which can be cleaned off. Are the bearings starting to show wear? Are the amps rising? Can we handle repairs now while the warranty is still in effect?

“But if replacement is becoming necessary, regular service allows us time for research and comparison shopping.

“I can tell you, almost to the day, when your system is going to fail. It will be on the hottest or coldest day of the year. But I just don’t know what year,” the 30-plus year Hanford A/C veteran told us with a broad smile.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Before you buy a new air conditioner… appeared first on Dennis Beaver.

About to replace your home or office air conditioner? Well, don’t be in any hurry, or you could wind up throwing thousands of dollars down the drain, another victim of a multi-billion dollar industry fraud on the American people. We are not exaggerating.

“The biggest names in this industry are selling A/C units which they know are prone to defects, will fail, and in warmer climates, often within two to three years of installation, costing the homeowner thousands of dollars to repair,” Modesto-based Mitchell Bailey, president of Bailey’s Heating and Air, Inc., tells You and the Law.

Bailey is one angry dealer among many who are hoping for action by either the federal government or a class action lawsuit “to help reimburse consumers across the country for money stolen from them by manufacturers who have closed their eyes to the problem.”

And just what is the problem? Christina Couture of Hanford learned in early May, when both of her Tappan A/C units failed.

“Ron, the service technician from my dealer, Kennies, explained that refrigerant had leaked out of defective copper evaporative coils which had to be replaced, and that the same exact problem is occurring all over the country. He felt very bad for us, because we had the system less than four years.

“Parts were covered under the manufacturer’s warranty, but not labor, and for my system, that would run about $600 per unit, for a total of $1,200. It was suggested that I call Nordyne, the company who manufactures many A/C brands, including Tappan, because perhaps they would do something to help me.”

Google search turns up Nordyne in Ripoff Report

She phoned immediately, but no one at Nordyne was in any big hurry to help.

“After leaving several voice mail messages, a week later ‘Bob’ returns my call and says, in an uncaring tone of voice, that nothing can be done about the labor charges. The fact that my A/C was less than four years old didn’t faze him one bit!  Later, I Googled Nordyne, finding the Ripoff Report and discovered that I was not alone. That’s why I turned to you, Mr. Beaver, to look into this situation. An A/C should last many years.”

She’s right. In 2000, the U.S. Department of Housing stated that the average life expectancy of a home central air conditioning unit is 15 years, not four. In our legal opinion, Nordyne’s position, if tested in court, would not stand up.

A change in refrigerant from R-22 Freon to      R-410

The origins of this problem are connected directly with the type of refrigerant — R-410 — that is replacing R-22 Freon, which has been used for more than 40 years. R-22 does not damage air conditioner copper evaporators. But R-410 systems with copper evaporators experience these leaks.

“While it can be made from aluminum, evaporator tubing in A/C units has generally been made of copper and extremely reliable, with leaks in R-22 systems extremely rare and almost always the result of some physical cause, not anything chemical,” Bailey points out.

“But since home R-410 air conditioners came on the market, beginning around 2006, the common denominator to these leaks appears to be lubricant. We think a reaction takes place inside the tubing, creating a positive static charge, attracting chemically aggressive chloride molecules found everywhere in the environment, and  these little molecules eat away at the copper,” he explained.

“With R-22, we rarely replaced  an evaporator coil. But this summer I expect to replace over 50 in units that are less than five years old,” Stephen Stout, president of Hanford-based Kennies Indoor Comfort Specialists, tells You and the Law.

“This is an industrywide problem that affects virtually all manufacturers the same way. There has to be a link. Why are so many coils failing on multiple brands of equipment, produced around the same time? In almost all instances, the manufacturer will not pay labor charges and will replace defective coils with the same, bad ones. This is so unfair to the public,” Stout observes.

Blaming consumers and Chinese drywall

“If these were planes falling out of the sky, they would have retooled their factory yesterday. But because it is individual customers, one at a time, manufacturers do not care. They blame Chinese drywall, South American copper, Chinese copper tubing, sea salt and consumers for not maintaining their systems. But you never saw these type of leaks before R-410.” Bailey maintains.

There are systems which won’t cause you a nightmare. Next time, we’ll tell you what to look for, how to protect yourself from labor down the road, and why a good technician knows precisely when your heating or air conditioning system is going to fail.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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