Month: June 2016

Honeywell Humidifier Lawsuit

It was in 2014 that Derek Scott filed a complaint against Honeywell, claiming that he purchased and installed one of the Honeywell humidifiers at home and then the product has gone defective after only a few months of use.

Under Honeywell’s “Repair or Replace” policy, Scott was given outright replacement as detailed in the product’s limited warranty. Unfortunately, the replacement humidifier also failed after only about a year or so.

Honeywell consequently informed Scott that he would have to pay for the installed of a new humidifier. Scott contested though that he would never have bought the humidifier if he had known that it would not live up to its marketing claims.

In the motion to dismiss filed by Honeywell, it states that Scott has failed to substantiate that the “Repair or Replace” solution was deemed  unacceptable and considered therefore to be a breach of its implied and limited warranties.

Further, Honeywell also stressed out that the policy does not guarantee future performance of their humidifiers in which Scott also rebutted that Honeywell has in fact breached its limited warranty because the humidifier is covered and became defective within the five-year warranty period.

Honeywell is said to be guilty of false advertising or marketing claims. The brand is supposedly marketing its range of humidifiers as one that provides “whole home humidification” and that which also boasts “high performance and efficiency of steam humidification with easier maintenance than traditional humidifiers.”

In line with this, a class action lawsuit was filed in Massachusetts which alleged that the said humidifiers are entirely defective, unreliable, and very hard to maintain overall. Additionally, the humidifiers are said to become clogged with mineral deposits and was observed to be scaling even though it has just been recently bought or has been used for a short span of time. The lawsuit also alleged that the plaintiffs as well as other customers have incurred property damages as well as financial loss due to money spent on replacement or repairs of the faulty Honeywell Humidifiers. Further, the lawsuit stressed that the damage may have been due to the blockages and overheating; which have then triggered the overspill of scalding hot water. This also caused the parts of the humidifier to disintegrate and crack.

More so, the lawsuit details that the sediment buildup could have clogged the exterior drains and led to flooding. This is in contrast to the claims of Honeywell Humidifiers because it is specifically designed in such way that the steam is blown outright into the HVAC duct system which could potentially precipitate fungus and mold growth and thus, reduce quality of air. This said defect may also cause the corrosion of the duct itself.

Honeywell Humidifiers comes with a 5-year limited warranty which says that the product will be considered free from any defects given normal usage and services. This also includes repairs or replacement of humidifier in consideration of certain circumstances as stated in the warranty. This is however not limited to just a specific type of filter or water supply. The lawsuits also contests that Honeywell is aware that their products would actually fail to comply with standard quality and therefore nosedive within the said warranty period but has no intention of complying with the services promised as stated in the product’s warranty.

Evidently, despite the increasing customer complaints, Honeywell was not able to provide easy and fast claims process for its customers which defeats the purpose of having a warranty in the first place.

Philip A. Brimmer, U.S. District Judge of the District of Colorado, tossed out allegations regarding Honeywell’s breach of its limited warranty in its course of action of just replacing a defective Honeywell TrueSTEAM humidifier with another which also happens to have the same defects.

Judge Brimmer has set the records straight in stating that Honeywell’s limited warranty implies that the company will not be obligated to pay for any removal or reinstallations costs. More so, the limited warranty is not at all breached unless the humidifier is found to be defective and the company failed to repair or replace the product.

However, Judge Brimmer also took Scott’s side and said that his negligent misrepresentation claim is valid because Scott based him complaint on Honeywell’s marketing claims regarding the humidifiers’ quality and its limited warranty before deciding to make a purchase.

The judge also allowed the claim for violation of the Colorado Consumer Protection Act to proceed because Honeywell has no intention to honor its supposed warranty and also hampers customers from making any warranty claims due to its very difficult and burdensome process.

To make sure you get a safe humidifier, check out humidifier reviews online.

What Should You Do to Make Sure Your Home Buying Process Goes Smoothly

Owning a home is one of the facets of the great American dream. This is not however as easy as just pinpointing a dream house and claiming it as your own. It’s a complicated financial rigmarole and one should be able to map out the entire home buying process to ensure that it goes smoothly as planned. Whether it’s your first time to invest in a home or a repeat buyer, the emotional and financial rollercoaster ride still gives everyone the jitters and the stress. So, how do you get through the home buying process and get it moving smoothly? Luckily, we have the steps covered for you:

  1. Get a licensed realtor. Amidst the chaos of financing, pricing, legalities, marketing, and inspections, you will certainly need an expert to get you to right to your goals and keeping your sanity. Real estate agents know the market value of homes which make them a reliable asset to house hunting. Make sure that you choose a buyer’s realtor who works for the benefit of the buyer and not the seller. Get in touch with a licensed realtor who can give you professional advice in terms from the groundwork of finding a home, negotiating prices, financing, going through the legalities, and finally getting your prized dream home. It pays to seek expert guidance than be frustrated or shortchanged in the end.
  2. Save up for a downpayment. In buying any home, it is required to make an upfront payment in cash. Most lenders would require at least 20% downpayment and the rest can be covered by home financing. Some couples would even ask this as a wedding gift from family members and relatives or set a separate bank account to save for this purpose.
  3. Get funding. While location is very important, so is pricing. Make sure that you can afford your chosen home and that you will not overstretch your financial gut in the process. Know your mortgage options and get prequalified or preapproved. This is an important stage to know how much you can afford before actually shopping for homes.
  4. Visit available homes within your price range and make an offer. First off, you must determine what type of home you would want to acquire. Think of how it suits your growing family and lifestyle as well. Location is crucial to finding the right nest. You must make sure that it is convenient especially in terms of commuting as well as in being near schools, restaurants, grocery stores, and churches; to name a few. Do have a checklist when shopping for homes to determine what matches your preferences. Work with your realtor to negotiate a fair price. Make an offer and then once you have reached an agreement, everything should be put in contracts.
  5. Get a home inspector. This is a contingency so you can check on any structural damages that may need repairs. Here’s some great advice from a local Nashville home inspector, “Getting your home inspected by a professional is the surest way to make sure you don’t buy a home with significant problems like a cracked foundation, termite infestation, or dangerous electrical wiring.” You can renegotiate offers based on the home inspection report.
  6. Coordinate with funding and paperwork. Your lender will assist you with the right loan that matches your financial and credit capacity while also coordinating with paperworks necessary for buying a home.
  7. Seal the deal. You close the sale by signing loan documents and all the paperworks too. It takes just a few days for processing and once the seller gets your payment, you are ready to move in to your new home.

Your home is a refuge – a haven. Take as much time as you need when shopping for your dream home. While buying a house may be a nerve-wracking experience, it’s the same adrenaline rush that keeps you on your toes for spotting your dream home. Like many things, this does not come easy. It takes an elaborate amount of planning, surveying, and budgeting to finally get your dream haven in complete fruition.