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Old 11-19-2008, 07:10 PM
 
245 posts, read 809,033 times
Reputation: 147

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Hello.
We are buying a house. When we first looked at the house, we were wary of the older A/C unit. Seller's agent told us it "had just been serviced" by "Dick."
The home inspection came back saying we should have the unit replaced, had many problems. We asked sellers to replace. Instead "Dick" came out to fix it (repair a leak too apparently.) Dick does not have a recognizable business presence in Cary and may/may not speak English (his misspells the name of his business on his invoice.) So we did a basic google and city-data search for AC maintenance and had someone go out to make sure it was okay. It has a leak. It will cost almost $1000 to fix. Our real estate agent told us that the sellers would likely cut a check at closing for the repair. Instead, sellers sent "Dick" out again to fix it.

Do we have to accept his workmanship, given that "Dick" has screwed up the repair work two times in the past two months? We are having a general home re-inspection done, but it will be hard to accurately assess AC performance in this weather.

Do we have any recourse? We would like some $$ to have our guy reassess the unit when the weather is warmer.
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Old 11-19-2008, 08:33 PM
 
Location: Fuquay-Varina
4,003 posts, read 10,836,916 times
Reputation: 3303
I would pay a unbiased HVAC tech to check it. $75 is small potatos compared to a leak in the evaporator coil, or other costly issues.
Unless your inspector is a licensed HVAC tech, (most of us are not) his test is more cursory than anything as the state does not allow us to fully evaluate the units without a license. With outside temps under 60 degrees you cannot run the a/c compressor or you risk damaging it. I know a very good HVAC guy and if you would like his number message me. (I am an inspector of over 7,000 houses and commercial buildings and do not recommend people without certainty of their skills and honesty)
Good luck!
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Old 11-19-2008, 09:10 PM
 
245 posts, read 809,033 times
Reputation: 147
Thank you. Like I said, we picked an HVAC guy randomly through google and this site. He found major problems yesterday.
I just have a hard time trusting their guy. Any week up until now we probably would have had a good shot at testing the unit.
We're going to have to evaluate our options tomorrow.
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Old 11-19-2008, 09:12 PM
 
Location: Fuquay-Varina
4,003 posts, read 10,836,916 times
Reputation: 3303
Quote:
Originally Posted by ceili723 View Post
Thank you. Like I said, we picked an HVAC guy randomly through google and this site. He found major problems yesterday.
I just have a hard time trusting their guy. Any week up until now we probably would have had a good shot at testing the unit.
We're going to have to evaluate our options tomorrow.
You were very astute to not trust their guy. I hope it all works out well in the end!
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Old 11-20-2008, 10:30 AM
 
Location: Raleigh, NC
266 posts, read 1,052,183 times
Reputation: 202
Default This is a situation I really hate...

but run into once in a while and am actually dealing with now. Ask your agent to work with the sellers' agent to find a well-known company you both accept. Have them evaluate the situation. A leak may be able to be documented with a pressure test. We are supposed to have some warmer days coming up and a test about 1 PM in the afternoon may work, if you can have your closing after then. Have the company give you a reasonable estimate. If it is truly $1000, then insist on that figure as a reduction in price or other credit at closing.
You should consider other factors, though. Are you getting a steal for this house? Do you really love it? If so, you may need to compromise and take a portion, say half, of the amount. Sometimes closing attornies will hold monies and pay the vendor directly when the work can be done. If the repair costs less, the seller gets a refund. I will say fewer and fewer attorneys will agree to do this as it is additional trouble for them, but it can work well and be more palatable for sellers. Everything must be in writing and signed by all parties!
It is aggravating not to have the opportunity to know all the facts on the A/C, but, remember, no house is perfect and they all need maintenance and repair for the rest of their existence. Figure a repair fund into your costs on any house, even one that is new.
Also, look at purchasing a home warranty or getting the seller to do so, but review the company statements regarding pre-existing conditions carefully. This situation is why I advise all sellers of homes that are five or more years old to place a warranty on their property. They do not pay for it until closing, but it covers them until then and the buyer for another year. American Home Shield has pretty good coverage for A/C, but does not cover roofs in North Carolina. Look for one that has been in business for a while. They do have a tendency to go out of business.
Good luck!

Last edited by House Lady; 11-20-2008 at 11:23 AM.. Reason: spelling
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Old 11-20-2008, 11:30 AM
 
Location: ITB Raleigh NC
447 posts, read 1,717,833 times
Reputation: 302
Unless you are willing to strong arm them and say "We will back out of this deal unless the unit is replaced" I would tell them they need to provide a 1 year home warranty. When I bought a few years back I got one put into the deal, it covered all major systems (AC, Heat, water heater and all appliances covered). I only used it once on the stove and I think I paid $40 for a service call, the return call and part repair was covered. I believe the company I used was American Home Shield.
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Old 11-20-2008, 12:52 PM
 
9,680 posts, read 27,153,963 times
Reputation: 4167
Quote:
Originally Posted by chuckreis View Post
Unless you are willing to strong arm them and say "We will back out of this deal unless the unit is replaced" I would tell them they need to provide a 1 year home warranty. When I bought a few years back I got one put into the deal, it covered all major systems (AC, Heat, water heater and all appliances covered). I only used it once on the stove and I think I paid $40 for a service call, the return call and part repair was covered. I believe the company I used was American Home Shield.
Preexisting issues and inability to document proper preventive maintenance will normally invalidate home warranty claims.

Demand proper repairs or threaten to walk on the deal.
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Old 11-20-2008, 12:57 PM
 
Location: North Raleigh
578 posts, read 3,080,753 times
Reputation: 276
I thought repairs had to be done by "professionals"? Maybe "Dick" isn't even an actual licensed professional which would instantly invalidate the work the sellers are paying him to do?
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Old 11-20-2008, 01:58 PM
 
Location: Raleigh NC
3,644 posts, read 8,575,847 times
Reputation: 4505
Quote:
Originally Posted by chuckreis View Post
Unless you are willing to strong arm them and say "We will back out of this deal unless the unit is replaced" I would tell them they need to provide a 1 year home warranty. When I bought a few years back I got one put into the deal, it covered all major systems (AC, Heat, water heater and all appliances covered). I only used it once on the stove and I think I paid $40 for a service call, the return call and part repair was covered. I believe the company I used was American Home Shield.
Exactly! Remember, it's a buyer's market right now! People are having to almost give away their homes. Tell your agent you want the unit replaced by whatever company you trust or else you are not buying the house. PERIOD! Never be afraid to walk away from a deal. If the sellers are trying their best to bandaid a problem like this, what else are they trying to hide? If the sellers refuse, then walk away! Everything happens for a reason. Also remember that the only "perfect" house is one you build yourself. I assure you there are plenty of other houses out there just waiting for you to fall in love with.
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