[Vin100]

We just moved into our new home.
Everything went off fine. Before the contract, we had negotiated for a new AC and gas furnace which the sellers had agreed. Initially the sellers wanted to install a one stage furnace and a 13 SEER AC. The Ac/Heating Company decided by the seller gave a quotation for the Trane one stage furnace and AC. We had requested to know how much extra we would have to pay if we go with a two stage furnace. We initially wanted to get a two stage furnace, but later agreed for the one stage furnace.

Then the Ac/Heating Company writes that since the furnace selected by the sellers is not available, they will provide the two stage furnace at the same price.
They e mail us the final proposal with two stage furnace and 13 SEER AC to which I agree and sign electronically (copy of signed copy not available as it was sent electronically directly in the e mail).
The reason the proposal was sent in my name was to get the Warranty in our name post closing.

They install the furnace/ AC and we do the closing after 15 days...

After moving in, I kept on calling the Heating company once in 1-2 weeks to provide me the original invoices of the furnace and the AC to get my warranty. They keep telling me that the file is in process. After much pressure they send me a copy of the original proposal that was sent along with the warranty certificate of the furnace.
I note that the warranty certificate has a different model number of the furnace than the proposal. I tell them that this is not invoice and to send me the invoice. Also on asking why the number of model is different on the warranty certificate, I am told that it was a clerical error.

Now i was suspicious,... went into my basement after about 2 1/2 months of closing I note that the furnace installed is a two stage furnace but of lower output capacity than what was proposed (95000BTU instead of 114000 BTU proposed).
Then I check the AC and the AC installed is also of the lower output capacity than the one proposed (2.5 ton instead of 3.5 ton)

Now I have written to the Heating company and talked to them on phone...They are giving vague responses.
I have also written to the sellers and their agent (as I dont have the seller's phone number).


Any suggestions how should I proceed further...
How much expense I can expect if I decide to go the legal route...
I definitely cant stand cheating..

[Mike 75]

Why didn't you inspect the A/C and furnace install prior to closing?

[NewJeffCT]

I'm sorry you had to go through this. Part of the inspection form you submitted should have been that you are allowed to re-inspect the installed items once completed. Did you use your own lawyer at the close? If so, check with the lawyer.

Also, I would contact the state Dept of Consumer Protection if they are based in Connecticut. They've helped me out a few times in the past over legitimate consumer complaints.

You could first threaten that you will go to the DCP and also the Better Business Bureau...

[AmyBergquist]

Contact the attorney that represented you at the closing.

For the inspection agreement, there should have been a detailed, signed document (signed by both parties) of what should have been installed. That receipt should have also been provided to you prior to closing so that you could check things when you did your final walk through of the home before the closing.

As NewJeff says, you may also want to contact DCP and/or Better Business Bureau based on the recommendation of your attorney. It will most likely come down to what you had in writing, agreed upon and signed by both parties, to document what exactly should have been installed.

[Vin100]

Thanks for the suggestions.
The inspection agreement that was finalized mentions the One Stage Furnace and 3.5 ton AC. Later the Heating Company changed the proposal and offered the two stage furnace at the same price. The final proposal e mailed contained the two stage furnace and 3.5 ton AC They also install the two stage furnace but of lower capacity than mentioned in the proposal.

The furnace was installed 15 days prior to closing and when we went for walk through.. we saw the new furnace with Trane XV 95 written on it...so we thought that it was OK as that was the model decided... We didnt check the exact model number which actually tells the output capacity. Same with AC.

[Vin100]

After talking to Heating Company...I am told that probably there was a mix up of AC from the dealer..and they are contacting the dealer to get another AC.. But they have not confirmed anything for now.
Regards heating ..first he said that if the installed furnace is heating the house then its OK. I very sternly told that my house is 2600 sq ft and that is a small furnace for my house. Then he says that the sellers asked them to change the furnace...I told them its not possible as I signed the contract. ALso I wrote an e mail to sellers. The sellers are in touch with me through their agent.

[Vin100]

I again rechecked the inspection contingency sign off. It mentions the one-stage furnace.
As I mentioned, the Heating company changed the proposal to two stage furnace as they said that they did not have the mentioned one stage furnace. They gave the two stage furnace at the same price as they took the energy credit for it which was not available for one stage furnace.
The final proposal sent by the Heating Company contains the two stage furnace, not the Inspection sign off.

[Rakin]

On any major repair or replacement a Buyer is much better off to get the money and get their Contractor to do the work.
There's a huge difference in quality and price depending on who's paying the bill.

Sounds like you are working with the seller and contractor to get the issue resolved.

[AmyBergquist]

Your attorney will need to advise you. If the inspection agreement changed and it is not in writing, I don't know if it's enforceable other than what was agreed to in writing between both parties. If you were given paperwork, did your walk through and did not object to what was there and closed, you may not have recourse. Again, look to your attorney.

[Raider111]

Next time get a credit at closing, get your own people and get **** done right