A/C problem not reported on Sellers Disclosure (clause, agents, commissions)
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What is the name of your state (only U.S. law)? Texas
Hello, I have a problem and am looking for some clarifications on my rights. I purchased a house in Dec. of 07. We just had the AC go out on 10/08. We had the A/C service company come out and they said that the entire system should needs to be replaced due to a leaking heat pump valve and evaporator coil. They also said that they came out 9/07 and told the previous owner that the system was leaking but the owner told them to just fill it up and opted not to fix the problem. The owner did not disclose this problem on the sellers disclosure. It should be easy to prove the seller knew of this problem by obtaining the previous service record from the A/C company.
What rights do we have now and how would you suggest we proceed?
It has apparently worked for most of the last year, and will the ac company, put that in writing. Did you purchase the Home buyers warranty? If so, that should cover the loss, and check with your agent, to see about the failure to dicslose. Good luck.
That's sound funny. Refrigeratant is a controlled substance and I didn't think that repair companies could just "fill 'er up" leaking systems. But perhaps they are using a type of refrigerant that is not controlled.
At any rate, you have a good case here for small claims court. Send a certified letter to the property owner (or call if you're real friendly and think you can work something out) and ask them to pay for the cost of repairs. If they decline, take them to small claims court.
You need to follow the terms of your contract with regard to dispute resolution.
You don't tell me that that real estate agents are placing constrictive forms of dispute resolution into the contracts? Builders were often pushing binding arbritation on home buyers and I sincerely hope that real estate agents aren't going the same direction.
I just looked at my last contract, and thankfully, it doesn't have a section on dispute resolution.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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Originally Posted by bigtrees
You don't tell me that that real estate agents are placing constrictive forms of dispute resolution into the contracts? Builders were often pushing binding arbritation on home buyers and I sincerely hope that real estate agents aren't going the same direction.
I just looked at my last contract, and thankfully, it doesn't have a section on dispute resolution.
Too bad for you then; In CA the section on dispute resolution allows for a mediation and arbitration procedure, but it's optional. If one likes to pay for attorneys without at first attempting mediation, it's like turning your pockets inside out and asking the attorney to tell you when he's finished emptying them.
I think it's a good thing to know in advance what the process will be if the wheels start coming off.
You don't tell me that that real estate agents are placing constrictive forms of dispute resolution into the contracts? Builders were often pushing binding arbritation on home buyers and I sincerely hope that real estate agents aren't going the same direction.
I just looked at my last contract, and thankfully, it doesn't have a section on dispute resolution.
Actually real estate agents don't write up the contracts, the attorney's do. We're just allowed to fill them in.
Oregon contracts call for 1) small claims court if the amount falls under the threshold ($7500) in Oregon, 2) mediation, then 3) binding arbitration.
How is that restrictive? The attorneys worked hard to have a balanced buyer/seller contract that makes sense.
Buyers always have the right to strike that clause from the contract, but honestly why? I bet small claims could handle most of the real estate disputes. No attorney fees, $80 or so to file. It costs about $20,000 or so in legal fees to get to arbitration here, so it would have to be serious damage to make it worth it. Our contracts also allow prevailing parties to recoup attorney fees (ie, make sure you are right).
It costs about $20,000 or so in legal fees to get to arbitration here, so it would have to be serious damage to make it worth it.
Exactly. For some reason lots of folks think that arbitration is a way to cheaply resolve disputes. In truth, it is and it isn't. You may be able to avoid the really really big expenses of a long drawn out lawsuit, but it's still going to cost you a good deal of money.
If one likes to pay for attorneys without at first attempting mediation, it's like turning your pockets inside out and asking the attorney to tell you when he's finished emptying them.
Assuming there is any money left after you pay all of those real estate commissions for something you can do yourself.
What is the name of your state (only U.S. law)? Texas
Hello, I have a problem and am looking for some clarifications on my rights. I purchased a house in Dec. of 07. We just had the AC go out on 10/08. We had the A/C service company come out and they said that the entire system should needs to be replaced due to a leaking heat pump valve and evaporator coil. They also said that they came out 9/07 and told the previous owner that the system was leaking but the owner told them to just fill it up and opted not to fix the problem. The owner did not disclose this problem on the sellers disclosure. It should be easy to prove the seller knew of this problem by obtaining the previous service record from the A/C company.
What rights do we have now and how would you suggest we proceed?
Thanks in advance
I assume you had the home inspected before you closed. Did your inspection report identify any evidence of prior leakage around the AC? Do you see any stains that appear to have been caused by prior leakage?
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