Home Buying in 92110>Question Details

lolasapug, Home Owner in 92110

I purchased a condo in CA. Home inspector stated AC worked properly however, it has not blown cold air since I've moved in. I learned from previous te

Asked by lolasapug, 92110 Tue Jun 17, 2014

I purchased a condo in CA. Home inspector stated AC worked properly however, it has not blown cold air since I've moved in. I hired an HVAC professional that stated it's been broken for some time and needs to be replaced. Home inspector sent his HVAC professional and they said the same thing. I learned from previous tenant who lived in the unit for 20 years that the AC has not blown cold air in at least 15 years. My question, who's responsible? The home inspector for negligence? Was the Seller legally obligated to disclose this? I purchased the unit As Is, and my realtor said Seller is not legally obligated to disclose anything. HOme inspector stated in report the unit is 10 years old with a 10-15 years design life. He stated in writing if anything was wrong he would repair or replace. Now, he's saying the unit works at the time of inspection and he will only pay to repair it. Who misrepresented me? Who's responsible?

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8
Take the home inspector up on his offer to repair it.
1 vote Thank Flag Link Tue Jun 17, 2014
Sigh...this is one of those tough situations where everyone is going to point the finger to everyone else. I would recommend calling your agent's broker and see if the broker offers any solutions. Technically a seller is legally obligated to disclose all known facts. In the case of a rental property, the property owner may not have known about the A/C.

I would contact the broker. Next, I would contact an attorney if you wish to pursue it. It just may not be worth pursuing depending upon cost of repair. One more thing, most home buyers in San Diego get a home warranty...did you get one that covers A/C?
1 vote Thank Flag Link Tue Jun 17, 2014
Hi There!
Be sure and check your home warranty, most offices and agent require that the buyer has some sort of coverage when they close a transaction.
If you don't have a copy of your Home Warranty, check with your agent because he/or she should have one.
If you closed escrow in the last few weeks, be sure and check your mail, and then look in your paperwork for the transaction. You should have a receipt that mentions the warranty and that is was paid for by the seller.
That is the best place to start since proving that the seller intentionally withheld the information may prove difficult. If your bent on going after the seller contact a real estate lawyer.
Hope that helps!
Flag Mon Jun 23, 2014
Yes i agree you need to get some inspector to know who is responsible for fixing things.
0 votes Thank Flag Link Wed Oct 7, 2015
I would contact the inspector again to see what he did to get it to work.
Did the TDS or the Seller Questionaire say anything or did the sellers say prior to closing that it did or didn't work.
Yes - you bought the property AS-IS but I would contact a real estate lawyer to see what they would said. Sellers should of said something and the home inspector seems a little negligence.
Personally, I would contact the Home Inspector to take up his offer to get it repaired or if you have a home warranty, see what they can do. If not, you may just have to deal with repairing it yourself.
Good luck.
Nancy

Nancy S Bergman
Realtor - Cal BRE #01893550
Windermere Homes and Estates
14677 Via Bettona #120
San Diego, CA 92127
Cell (858) 617-9449
Email - nbergman1@live.com
http://www.comehometopq.com
0 votes Thank Flag Link Sat May 30, 2015
You have the right to claim , so they can fix the problem asap.
0 votes Thank Flag Link Thu May 28, 2015
Since you bought the home "as is," I don't think the seller has any liability. It sounds like the inspector is the most liable. Since they offered to repair it, that might be the best deal you can get out of it. Still, I'd talk to your real estate lawyer or realtor about it. They might have run into situations like this before. http://eliteheatingandac.com/air-conditioning-repair.html
0 votes Thank Flag Link Thu May 28, 2015
I would call the "home inspector" who gave the AC a clean bill of health. You made your purchase based upon their expertise. Realtors are not contractors, so we do have to rely upon other professionals for their input. The seller IS obligated to let you know about any issues with the home that he/she is aware of. Being AWARE is the issue. It's surprising how many people have AC but don't ever us the AC, so it's possible they did not know.

Since the inspector offered to repair the unit, why not have that done? You knew the age of the unit when you bought the property, so having to eventually replace it should be understood.

Or perhaps they can install a new one at a discount for your inconvenience?
0 votes Thank Flag Link Sat Jun 28, 2014
The seller is indeed obligated to disclose any known facts, especially a defect like this. The "as is" condition seems to get a lot of misuse: it doesn't mean caveat emptor as many think, rather that seller will not make any repairs, any defects must be disclosed irregardless.

f the inspector offered to repair, why not take them up on the offer?
0 votes Thank Flag Link Thu Jun 19, 2014
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