Inspector can't test central air conditioning in the winter (attorney, escrow, townhouse)
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Location: Montreal -> CT -> MA -> Montreal -> Ottawa
17,330 posts, read 33,011,510 times
Reputation: 28903
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Hi,
I just made an offer on a townhouse. In Eastern Canada. In February. And there's central air conditioning. The compressor is from 2008.
I had the inspection done last weekend -- all good! -- but he couldn't test the central air conditioning, of course, because it was snowing and minus a million degrees outside.
My Realtor added an amendment to the offer asking for a "warranty" from the seller, ensuring that the air conditioning is in full working order and requesting that I have until June 15 to test it. (I'm taking possession a few days before that.) The seller has gone back to his attorney to "verify the wording" that was added. I'm sure that they're not keen on *promising* that the air conditioner will work -- things happen; things break. (When I bought my last house, the a/c was working perfectly. When we moved in, it wasn't. Granted it was a simple leak to be fixed, but that's not the point. The point is: poop happens.)
Anyway, so now I'm waiting to hear back on that what the seller's attorney has to say about the amendment.
In the meantime, what have you northeastern people done when you've bought an air conditioned home in the winter? What sort of guarantees have you gotten and how did you get it?
I just made an offer on a townhouse. In Eastern Canada. In February. And there's central air conditioning. The compressor is from 2008.
I had the inspection done last weekend -- all good! -- but he couldn't test the central air conditioning, of course, because it was snowing and minus a million degrees outside.
My Realtor added an amendment to the offer asking for a "warranty" from the seller, ensuring that the air conditioning is in full working order and requesting that I have until June 15 to test it. (I'm taking possession a few days before that.) The seller has gone back to his attorney to "verify the wording" that was added. I'm sure that they're not keen on *promising* that the air conditioner will work -- things happen; things break. (When I bought my last house, the a/c was working perfectly. When we moved in, it wasn't. Granted it was a simple leak to be fixed, but that's not the point. The point is: poop happens.)
Anyway, so now I'm waiting to hear back on that what the seller's attorney has to say about the amendment.
In the meantime, what have you northeastern people done when you've bought an air conditioned home in the winter? What sort of guarantees have you gotten and how did you get it?
Thanks!
You can't get guarantees. Out here we buy home warranties that cover the repair/replacement of the AC unit if it fails.
The compressor is from 2008.
couldn't test the central air conditioning...
My Realtor added an amendment..
The seller has gone back to his attorney to "verify the wording" ...
Anyway...
At nine years old it's caveat emptor.
Absent a warranty that it's all working right (no leaks, cools down properly etc)...
a buyer has to **assume** that it's faulty in some manner and needs to be replaced...
and needs to allow for that expense in their offer.
You would need to allow for that expense regardless but not for another 5 years or more...
but the PITA factor mitigates against the add'l use time factor.
Hold your ground.
The seller might try one of those home warranty contracts to cover it...
but some sort of fixed dollar amount held in an escrow for a few months could be better.
Location: Montreal -> CT -> MA -> Montreal -> Ottawa
17,330 posts, read 33,011,510 times
Reputation: 28903
Quote:
Originally Posted by MrRational
At nine years old it's caveat emptor.
Absent a warranty that it's all working right (no leaks, cools down properly etc)...
a buyer has to **assume** that it's faulty in some manner and needs to be replaced...
and needs to allow for that expense in their offer.
You would need to allow for that expense regardless but not for another 5 years or more...
but the PITA factor mitigates against the add'l use time factor.
Hold your ground.
The seller might try one of those home warranty contracts to cover it...
but some sort of fixed dollar amount held in an escrow for a few months could be better.
I like the escrow idea. Thank you for that. Much appreciated.
I have a house under contract. AC is from 1997. I know it could be dead now. It is a risk you take.
Fortunately, my family knows the sellers so I know that if it is not in working order, they have no knowledge of it.
Location: Montreal -> CT -> MA -> Montreal -> Ottawa
17,330 posts, read 33,011,510 times
Reputation: 28903
Quote:
Originally Posted by jaynarie
I have a house under contract. AC is from 1997. I know it could be dead now. It is a risk you take.
Fortunately, my family knows the sellers so I know that if it is not in working order, they have no knowledge of it.
I'm keeping my fingers (and toes) crossed for both of us!
I have a gut feeling that the sellers in my case are not holding anything back. If it's not working, my gut is telling me that they don't know it. But I understand why they can't promise me anything. Poop happens.
I think having them pay for a home warranty with the AC as a specifically scheduled item is the easiest approach. I am guessing they don't want to tie up several thousand in escrow waiting for you to check the AC. And it's going to cover more than the AC so that's a benefit to you.
Location: Montreal -> CT -> MA -> Montreal -> Ottawa
17,330 posts, read 33,011,510 times
Reputation: 28903
Quote:
Originally Posted by emm74
I think having them pay for a home warranty with the AC as a specifically scheduled item is the easiest approach. I am guessing they don't want to tie up several thousand in escrow waiting for you to check the AC. And it's going to cover more than the AC so that's a benefit to you.
The warranty means it will cost them $ as insurance. The funds held wouldn't be months in escrow, though. I take possession (and they get paid for the house) just a few days before the June 15 date that we put in the amendment for testing the a/c. I'd test it on day 1, actually. Better yet: they should run the a/c a few weeks before I take possession -- it will already be warm enough outside to tell if it's working properly.
you could also hire a qualified HVAC vendor to test/analyze/service the unit now. Maybe there's some difference in constant below freezing temps, but here in the South, they can test/analyze the unit whether it's warm enough to turn on or not.
An 8 year old AC unit where it's as cold as you make it sound should last a lot more than 8 years though, it seems. Here in the South, the AC units are anywhere from 8-13 years but the furnaces are easily 15-20 years.
Just get a Home Warranty as said above. They will not want to Escrow the money or give you any type of Guarantee.
Silly idea by your agent. Sounds like an inexperienced agent.
My inspector won't test an AC when outside air is below 60 degrees. Says it can burn out the compressor if I recall correctly.
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