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We just bought a house 3 weeks ago and recently found out that the AC doesn't work.
The house sat forclosed for about a year and then someone came in and bought it and flipped it within 3 monthes. Those 3 monthes were in the winter so the seller's may not have known that the AC wasn't working, but they clearly put on the disclosure that the AC was in good and safe working order instead of selecting the option of "unknown". We also had an inspector come out, but he was unable to check the AC at the time because it was too cold and they would be liable if the lines froze, but he suggested getting an AC guy out. We were running out of the grace period and opted not to get an AC guy out since the disclosure clearly stated that it was in working condition.
Once we found out that the AC didn't work we had an AC repair man come out, a contractor through our home warranty company, and found out that we needed a new evaporator coil and furnace which they thought would be covered under the warranty. Come to find out that the warranty company won't cover it because it was pre-existing to when the policy started. There's some questionable things stated in the home warranty that make me think we might be able to get them to pay for it. If not though I'm wondering if I'd have legal rights to go after the seller's in order to make them pay for the repairs since they stated that it was in good and safe working condition.
Any info or suggestions would be greatly appreciated.
We just bought a house 3 weeks ago and recently found out that the AC doesn't work.
The house sat forclosed for about a year and then someone came in and bought it and flipped it within 3 monthes. Those 3 monthes were in the winter so the seller's may not have known that the AC wasn't working, but they clearly put on the disclosure that the AC was in good and safe working order instead of selecting the option of "unknown". We also had an inspector come out, but he was unable to check the AC at the time because it was too cold and they would be liable if the lines froze, but he suggested getting an AC guy out. We were running out of the grace period and opted not to get an AC guy out since the disclosure clearly stated that it was in working condition.
Once we found out that the AC didn't work we had an AC repair man come out, a contractor through our home warranty company, and found out that we needed a new evaporator coil and furnace which they thought would be covered under the warranty. Come to find out that the warranty company won't cover it because it was pre-existing to when the policy started. There's some questionable things stated in the home warranty that make me think we might be able to get them to pay for it. If not though I'm wondering if I'd have legal rights to go after the seller's in order to make them pay for the repairs since they stated that it was in good and safe working condition.
Any info or suggestions would be greatly appreciated.
Have you asked your realtor (who should be familiar with these types of situations and local laws) about this?
We just bought a house 3 weeks ago and recently found out that the AC doesn't work.
The house sat forclosed for about a year and then someone came in and bought it and flipped it within 3 monthes. Those 3 monthes were in the winter so the seller's may not have known that the AC wasn't working, but they clearly put on the disclosure that the AC was in good and safe working order instead of selecting the option of "unknown". We also had an inspector come out, but he was unable to check the AC at the time because it was too cold and they would be liable if the lines froze, but he suggested getting an AC guy out. We were running out of the grace period and opted not to get an AC guy out since the disclosure clearly stated that it was in working condition.
Once we found out that the AC didn't work we had an AC repair man come out, a contractor through our home warranty company, and found out that we needed a new evaporator coil and furnace which they thought would be covered under the warranty. Come to find out that the warranty company won't cover it because it was pre-existing to when the policy started. There's some questionable things stated in the home warranty that make me think we might be able to get them to pay for it. If not though I'm wondering if I'd have legal rights to go after the seller's in order to make them pay for the repairs since they stated that it was in good and safe working condition.
Any info or suggestions would be greatly appreciated.
Home warranty companies usually either go off an inspection report combined with the seller's disclosure or do their own mechanical inspection prior to agreeing to warranty mechanical systems of a home.
When you close on a home you are agreeing to purchase it "as is". You did state you opted not to have the AC technician out because of the grace period being close to ending. This is where you made your mistake, IMO. I don't think you can actually prove that the seller lied without an inspection prior to closing. It may have been in working order at the time the disclosure was signed at listing. Did the seller re-affirm the condition by re-signing/dating the disclosure at the time of closing? If so you may have a case; if not: live and learn.
I think you have to prove in court that the seller knew the A/C did not work. That is basically impossible. You could try small claims court, but again, you need proof. If you can find someone who happened to live next door and heard the seller say something like "Hey, the A/C doesn't work but I'm just going to pass that on to the next guy!" that might let you prevail, but again, what are the chances that you will find a smoking gun like that? Also, the fact that you did not perform a complete inpection will pretty much shut your case down.
From my own experience, from now on, I will trust NOTHING on any seller disclosure. Verify everything myself and assume it doesn't work unless I see otherwise.
I think you have to prove in court that the seller knew the A/C did not work. That is basically impossible. You could try small claims court, but again, you need proof. If you can find someone who happened to live next door and heard the seller say something like "Hey, the A/C doesn't work but I'm just going to pass that on to the next guy!" that might let you prevail, but again, what are the chances that you will find a smoking gun like that? Also, the fact that you did not perform a complete inpection will pretty much shut your case down.
From my own experience, from now on, I will trust NOTHING on any seller disclosure. Verify everything myself and assume it doesn't work unless I see otherwise.
How would you have verified the AC in winter (remember, there was a risk if the AC was turned on in the cold weather)? Also, how do you verify the roof doesn't leak? The foundation isn't cracked?
There may be no way to verify those things, but if you opt to take the seller to court, be aware that (1) most lawyers won't want to take your case (2) you will be out thousands just to take the case to court, and in many cases that is more than your damages would be and (3) you have to be able to prove that the seller knew about the defects and lied, which is almost impossible to do unless you have witnesses to testify about the facts (like neighbors, contractors that were called out, etc) Then you have to get those folks to court and in the case of small claims, you have to file suit in the district where the seller now lives (at least that's how it worked in my area)
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