House contract question...

[DaveJ]

Hello all,

Got a question for those of you who deal in real estate...

My parents recently bought a new house. When they had the house inspection done, it was noted that the AC did not work. They signed an addendum to the original contract that stated the sellers would fix the AC before my parents moved in. The AC worked for a grand total of two days, and then quit. As it stands now they've been without AC in 90+ degree heat for over a week.

Here's where it gets interesting... my parents received a packet from the title company that included a copy of the receipt for the AC "repairs". Apparently, they filled the unit with $125 worth of freon, and changed a "very dirty" air filter. At the bottom of the receipt is a note: "Seller is aware of freon leak in system".

Since I'm assuming this is a breach of contract on the seller's part, are they liable for the cost of repair and/or replacement of the unit? We've determined that the AC compressor is blown, most likely due to complete lack of maintenance. This is the second time in 9 years the compressor has blown (whole unit was replaced in '92).

Personally, I think the seller is completely liable for the cost, and my parents shouldn't have to foot the bill. Unfortunately, my Dad is dealing with the situation, and he's most likely gonna cave in... I'd like to at least have an opinion or two to back me up since he won't listen to what I've been telling him...

Thanks,

Dave

 

[Sluggo]

To be honest timewise and trouble wise, just fix the damn thing and go on.

The trouble of actually chasing and seeking damages from the seller/sellers agent is going to be a hassle, and unless the terms of "fix the AC" are specifically spelled out in writing there will be tons of finger pointing, and "he said, she said" and "it was accepted as working at closing" etc, etc.

 

[DaveJ]

Sluggo: Normally I would say just fix it, but "fixing" the unit would most likely mean total replacement, and that's close to $5000 for the whole thing. Not small change when you consider that absolutely NO maintenance was done to the unit, and the seller never stated anything was wrong on the disclosure statement. The compressor is getting replaced hopefully this week, but I have a bad feeling that my parents will get royally screwed one way or another...

FWIW, it WAS spelled out in writing, that's why my parents signed an addendum to the contract.

Dave

 

[BrunoPuntzJones]

<< but &quot;fixing&quot; the unit would most likely mean total replacement, and that's close to $5000 for the whole thing. >>

that's way too frickin' high. unless that means replacing duct work and all that. if you are just replacing the unit it should run around a thousand. i have to agree with sluggo though. just have it replaced by someone else and just eat it your parents dont need to suffer the heat and it will be a while before you can get anything worked out, especially if you have to get a lawyer. you may be able to replace it and get reimbursement if you can prove that it was an emergency and they did nothing to reasonably fix the problem; that would be a long shot. i would just call the a/c people back and tell them it's broken again. you owe a duty of care to the seller for that. why should they pay the a/c people if their work wasnt satisfactory? you have to let them know. if you had it professionally inspected and the cause was a compressor, see if you can get it in writing and send that to the seller.

if it's on the contract that the ac would be fixed then i see no problem in getting it taken care of. it's just the timing and the suffering of your parents that would make me just replace it and be done with it.

 

[The Stigenator]

Do you have &quot;home insurance&quot;.. it might cover it... then show the insurance people that they should charge the other party for the charge of fixing it...

Cause if it is on the title deed (though claimed fixed) the whole idea that they knew of the freon leak meant it wasnt fixed.

Your best bet is fix it with an home insruance people and later take the previous owners to small claims court and get it over with..

 

[DaveJ]

<< why should they pay the a/c people if their work wasnt satisfactory? you have to let them know. if you had it professionally inspected and the cause was a compressor, see if you can get it in writing and send that to the seller. >>



My point was that the seller was FULLY AWARE there was a problem with the system and that it would cost major $$$ to fix. That's why they only filled it with freon, hoping it'd last long enough so they could claim it wasn't their responsibility. Also, the compressor was replaced in 1997 due to lack of maintenance. There may be other things wrong with the unit but the compressor is bad for sure. I know we have recourse because we have quite a bit of stuff in writing, but I'm just trying to figure out where to go from here... Dad's talked to his agent and the seller's agent but no one seems to want to do anything... and he's letting them get away with it!

We do have the original bill for the replacement in '92, and the cost for everything inside and out, using the existing ductwork, was $4400. $1000 is way off unless you were just talking about just the compressor... that's gonna run about $300.

Dave

 

[notfred]

it's your AC now, just fix it it and forget about the previous owners.

 

[DaveJ]

<< Do you have &quot;home insurance&quot;.. it might cover it... then show the insurance people that they should charge the other party for the charge of fixing it... >>



Yeah, they did get some kind of insurance that would supposedly pick up the cost, but I think the company is giving them the runaround on that as well... I'd also suggested small claims but I'd hoped that would be a last resort...

Dave

 

[DaveJ]

<< it's your AC now, just fix it it and forget about the previous owners. >>



Yeah, that's my Dad's attitude. :| Why should they have to pay because some a$$hole seller didn't fulfill their end of the contract? The seller signed the papers, so they should be liable, end of story. Especially since they were fully aware that it was not fixed. The issue is not getting it fixed, we'll do that because we have to, I'm more concerned about how much it's gonna cost in the long run if the whole unit dies...

Dave