AC guy claim to file Mechanics lien on exaggerated invoice

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AC guy claim to file Mechanics lien on exaggerated invoice

Yannes Chiang
Rental Property Investor · Pasadena, CA · Member since 2016 · 85 posts · 19 votes

Hi all,

I need help. I am an out of state investor. I have a AC guy (let’s name him Paul here) who worked with me for years in Texas.

Tenants has reported the AC not working. I sent Paul over there in April and August 2021. Both invoices said to refill the Freon. I didn’t pay much attention to the invoice and just paid.

July 2022 the tenant reported the AC problem again and I sent Paul there again and started questioning Paul - what is the problem? It has been on going. Please do a thorough inspection on the AC and find out the true cause.

He said it was due to the failure of the compressor. Luckily it was within warranty so we could be able to get a replacement for free.

One week later, he sent me a bill of $3599.31 stating

1. Make order under warranty compressor $ $60

2. Paperwork charge $35

3. Freon recharge R410 15lbs $125 lbs $1875

4. Replace new cap under warranty $35

5. Replace new condenser motor $120

Subtotal $2125

Labor $1200

Tax : $274.31

Total $ $3599.31

I started to question the bills

1. Freon has been charged three times in 15 months. Why it is $125/lbs?

2. How come there is labor fee this invoice while none before

3. I have never received quotes about this repair. I will never approve this repair if I am aware of the price.

Paul started to threaten me that he will file mechanic lien on my rental property.

I filed an complaint with TACLB but haven’t heard back yet. He kept pushing me and I paid him $1000 only. Now he threaten me again about the balance. I am feeling so bad about all these.

What can I do? Can he truly file a mechanic lien on my property? If yes, can I appeal? What will happen if he file the mechanic lien? How long will it last? Anything I can do to improve the situation?

And a heart advise that no matter how long you have been with the contractor, always be careful about the bills. People will change!

Thank you so much in advance for all your help.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y

I see it all the time. Landlord says, "I've worked with this guy for years and never had a problem . . . " People do the same thing with Property Managers. The fact is, things are going well as long as they are going well. As soon as a difficult / different situation comes along, you'll discover what they are really like.

Freon refill shouldn't cost more than a few hundred dollars. he topped it off twice, then charged you for a full refill at top dollar. That's wrong.

If he filled it once and then you reported it low again, that should have indicated a leak and a professional would have contacted you to provide an estimate for repair or the cost of replacement. Charging you for two top-offs and then for a full refill is unacceptable and I think his price is unreasonable.

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  • Madison Wilson
    Real Estate Agent · Austin, TX · Member since 2022 · 33 posts · 33 votes
    4y

    Hi Yannes! I used to work for a large-scale HVAC company. Contractors do have stipulations when filing liens- I believe after 90 days and three notices to the consumer, the lien can be filed with the county. Unfortunately, I have never seen anything come to fruition out of these liens which was unfortunate on the companies' side to lose money for materials issued to the consumer. If you can gather a second opinion in the meantime from a well-reviewed technician/company, I would do that until you hear back from TACLB. I am unfortunately not an expert on repairs to know if you were overcharged, but a professional may be able to identify the recurring issue and see if work was actually performed and give you an idea of if you were charged correctly. Also, another company that comes with great reviews will be more inclined to beat their competitors and will most likely be honest with you. Best of luck, but definitely gather a second or even third opinion. 

    2Reply
  • Yannes Chiang
    OP
    Rental Property Investor · Pasadena, CA · Member since 2016 · 85 posts · 19 votes
    4y

    @Madison Wilson

    Thank you so much for sharing your thoughts. Definitely a disaster for me.

    I just replied to Paul as follows -

    I have been working with you for years. I am so sad to see things coming down this way.

    1. For the same property, you have added Freon 3.8 lbs on 4/21/2021 $85 , 4.5 lbs on 8/24/2021 $382.50 and then 15lbs on 7/19/2022 $1875 (plus $1200 labor) . Please help justify the cost

    2. None of the previous invoices has “labor” as a separate cost. why this time there is $1200 labor fee

    3. You have never given me quotes/price to repair. I would never approve this if I were aware of the price.

    I have asked a couple times to revisit the invoice because I don’t feel the invoice reasonable. But you rejected to respond.

    I am doing my best to have paid you $1000 as an appreciation of all your service. But you are still not able to justify the exaggerated invoice.

    If you decide to move forward with legal actions, we have no choices but fight back then

    1Reply
  • Drew T.
    Homeowner · Seattle, WA · Member since 2020 · 14 posts · 6 votes
    4y

    hence why contracts are needed 

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    I see it all the time. Landlord says, "I've worked with this guy for years and never had a problem . . . " People do the same thing with Property Managers. The fact is, things are going well as long as they are going well. As soon as a difficult / different situation comes along, you'll discover what they are really like.

    Freon refill shouldn't cost more than a few hundred dollars. he topped it off twice, then charged you for a full refill at top dollar. That's wrong.

    If he filled it once and then you reported it low again, that should have indicated a leak and a professional would have contacted you to provide an estimate for repair or the cost of replacement. Charging you for two top-offs and then for a full refill is unacceptable and I think his price is unreasonable.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    3Reply
  • Yannes Chiang
    OP
    Rental Property Investor · Pasadena, CA · Member since 2016 · 85 posts · 19 votes
    4y

    @Nathan G.

    You are right. People will reveal their true color when there are life difficulties. I learned a hard lesson.

    Yes he shouldn’t do that at all. I regret so much that I didn’t catch this earlier.

    Let’s see whether he will truly put a lien on my property. If yes, I will do my very best to fight it.

    0Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    I just called a friend of mine who owns a HVAC company , told him the prices and he said they were about right . 

    0Reply
  • Yannes Chiang
    OP
    Rental Property Investor · Pasadena, CA · Member since 2016 · 85 posts · 19 votes
    4y

    @Matthew Paul

    Thank you for helping to call your friend. I should have stated much clearly in the description. He charged me $3500 to add 15 lbs Freon. It is definitely not right

    0Reply
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    4y

    @Yannes Chiang

    Did you approve the work either verbally or in writing? Did you sign an invoice or statement ?

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  • Yannes Chiang
    OP
    Rental Property Investor · Pasadena, CA · Member since 2016 · 85 posts · 19 votes
    4y

    @Chris Seveney

    Not really. I just asked him to check what is going on. He never gave me a quote

    0Reply
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