You cannot make the seller fix it. If you truely want this home, you plan to be there for a while, nothing else on the market will satisfy you, and the cost of repair is affordable to you; buy it. Don't pass up the perfect home, for one affordable flaw.

Hi, Ms. Engel,
Thank you very much for the advice.
I like this house very much and I am very determined to buy this house. I am not sure if the home warranty will cover the repair expense when there is already a AC defect. Please let me know how the home warranty works.
Since the seller already signed a repair addendum to repair if needed, does he have to fix the problem? If not, can I go to the court to suit him? The agent is on my side and push him very hard already.
Thanks again for input.

The home warranty I referred to is with a company such as HWA--Home warranty of Americe---since you do not have your own agent (you used the listing agent as a dual agent) you need to be frank----let the agent know if he/she does not remedy the situation---you will be finding yourself a buyer broker and start to look at other homes---being fully represented. I would imagine, if you are firm enough, the agent will not let this deal fall---they would pay her/his self (the agent) for the policy. If not---and the deal would fall, the agent is now aware of the faulty C/A---even if the seller does not disclose it to the next buyer---the agent MUST!

The house was built in 1991 with original AC. I called many stores such as lowes. Nobody offers home warranty for AC more than 5 years old.

Bshen,

We are sorry you have to experience this kind of frustration.......

Our recommendation is to request the seller provide a "home warranty" that covers the AC in question-this way you will have some peace of mind over the issue.

Good luck,

The "Eckler Team"

Thanks for the input. Please see the follows for details:
I and the seller have dural agent. After sign the regular contract, inspection shows "A temperature difference of 10 degrees was obtained, which is "not within" the 15 to 20 degree normal operating range and the system did not cool the house sufficiently during the inspection. We then have a repair addendum asking the seller to bring the air conditioner to its normal operating range. The seller signed the addendum with "will repair if needed". He then asked his own PVAC technician to inspect the AC with the same report "insufficient temperture drop and low pressure". My agent asked him to repair it. The seller then hires an attorney stating that both inspection reports do not have the words "material defect" and therefore AC is functioning but not perfect. The attorney asks me to do another inspection and estimate of repair price. He insists that he needs to see "material defect" in the inspection report, otherwise he will not agree there is anything worng with AC. Even after this, the seller has option to refuse the repair. I have spent more than a $1000 already and even order the carpet replacement. I do not know what to do now. The agent is pushing the seller but he does not reply. The closing date will be on or before 7/30. I will really appreciate any further input.

Have you passed your option period? You can bring in your own a/c contractor, was there and amendment to the contract extended your option while you settle this matter?
http://www.lynn911.com
http://www.homes-for-sale-dallas.com

you have a couple of options---1st--- you can call his bluff---get your agent to call his agent and explain firmly---if this issue isn't taken care of---you will be more than happy to go find another house---THERE ARE PLENTY--if he has not heard... we are in an extreme buyers market---by telling your agent this--and not going thru the attorneys you can always renig on the demand----2ndly you can take the faulty CA-----I would opt on the 1st---have your agent be FIRM and mean it---the agents will try to keep it together by finding a middle ground--IE possibly having both parties present w/ an agreed upon HVAC serviceman to check out the air---or at the least have the seller provide you w/ a home warranty that will last about a year---the better policy will cost about 450.00 and cover all if not most of the mechanicals---hope that helps