This is really inexcusable, especially in a newer home. It's also not without precedent. I worked for a large builder years ago and one of the floor plans they built had similar issues. Several brand new 300k houses had to be town down as a result. The HVAC problems in these homes resulted in massive mold growth.
In my opinion neither agent in the transaction did a very good job. Your agent needed documentation from an HVAC company, such as a receipt and a statement from the company, that the problem was fixed. It seems as if no company would have written this statement given the problems 5 subsequent HVAC contractors have found. Did you have an inspection response? How was the HVAC issue written on the response? Save all communication with your agent, you should have emails or any other written documents discussing issues with the house.
On the sellers side the agent should have ensured that the issues with the HVAC were fixed prior to closing. They also need to ensure compliance with the inspection response. Even if the seller's misrepresented a lot of information on the disclosure the listing agent has a duty to report defects you are aware of, i.e. if there's water in the basement when you see the house you can't pretend you didn't see water if your clients lie on the disclosure. Not having heat in half of the house is obvious and it seems like willful ignorance on their behalf.
Contacting an attorney who specializes in real estate law is probably your best bet at this point. There are several in Bloomington. Don't wait, Indiana law states you must make claims within two years of the transaction.... more