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After moving into a new home, I had a licensed HVAC company install a whole house humidifier. A few days later, a guy from the builder's HVAC contractor came out to address an airflow issue. When he saw the humidifier, he told me that because I let another company work on the system, my warranty is now void.

He told me I should have know that because the warranty terms are spelled out in a binder full of paperwork the home builder gave me. After searching through the binder, I finally did find that clause, but I wouldn't call it obvious information.

Is voiding a warranty like that a common practice in the industry? And is it even legal? I'm in Idaho, USA.

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    There is nothing a good lawyer does better than bury useful information in obscure language at the end of a long document. This would probably best be addressed by a local lawyer - while it seems unreasonable to a normal human being, it may well be legally binding since you signed it.
    – FreeMan
    Commented Feb 4, 2022 at 18:58
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    @FreeMan I didn't sign it. It was simply handed to me.
    – mrog
    Commented Feb 4, 2022 at 19:09
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    Is this a reference to "warranty on the actual equipment"? Or "homeowners warranty", which is supposed to (typically) cover large portions of plumbing + electrical + HVAC + appliances, etc.? If it is the specific equipment, as long as the humidifier was installed properly it should have no effect whatsoever on the warranty. On the other hand, kind of ironically, the "homeowners warranty" may have a million little detail clauses to get the builder off the hook. Commented Feb 4, 2022 at 19:18
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    @FreeMan Even a signed contract that contains illegal provisions is not legally binding. You see this often with non-compete employment clauses - overly onerous clauses can be found not enforceable even if freely signed by the employee. A signed contract may or may not be legally binding, depending on what it says. Commented Feb 4, 2022 at 19:20
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    Sounds like the OP might get better answer/s on the LAW exchange than on here. At least there the answers will come from people who might know more about the rules/laws.
    – crip659
    Commented Feb 4, 2022 at 19:53

2 Answers 2

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Such practices are common, but are actually illegal - according to the Magnuson Moss Warranty Act, a product warranty may not be conditioned on the use of particular products or services, meaning that a warranty may not be voided merely because parts or labor from a third party were used during a repair. The company could deny warranty coverage if the third party actually caused the damage that you're trying to claim under warranty, but they cannot deny coverage simply because a third party performed unrelated repair work. Exceptions may apply if the company has a specific waiver or if they offer repair parts or labor for free, but both of those seem unlikely in this circumstance.

https://www.ftc.gov/news-events/blogs/business-blog/2018/04/ftc-staff-sends-warranty-warnings

https://uspirg.org/blogs/blog/usp/illegal-warranty-voiding-highlights-need-ftc-action

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    I believe that Magnuson Moss only applies to consumer product warranties. This is a warranty on a service (the HVAC installation), which is not a product. The product warranties, of course, are still in effect from their manufacturers. Commented Feb 4, 2022 at 21:33
  • @DavidSchwartz I asked this question at law.stackexchange.com, and the people there seem to agree with you. law.stackexchange.com/questions/77604/…
    – mrog
    Commented Feb 7, 2022 at 16:40
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The manufacturers warranty is often for the material and labor. And the manufacturer can restrict who installs the equipment by requiring “certified” installers. Certified installers are required to attend a class put on by the manufacturer. This is also a way of restricting dealers in a certain area.

Just make sure your new installer is “certified” by the manufacturer. He’s probably not and that is why his bid is a little lower. The first installer knows this new guy will void the warranty.

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