Uppcdaisy, Home Buyer in Appleton, WI

After inspection some things needed fixed. A/C not blowing cold enough etc. home owners had the items"checked" and said they were fine.What now?

Asked by Uppcdaisy, Appleton, WI Thu Aug 15, 2013

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Valerie Hall, Agent, Appleton, WI
Thu Aug 15, 2013
You are getting great advise so far. Another thing to check on is....did the seller take out a home warranty when the house was listed? That may cover the ac unit. Then that may solve the whole issue. Depending on the home warranty, the deductible is either $75 or $110. Good luck!
1 vote
Also, did you ask for these items to be fixed on an amendment? From your question I am assuming that you did and the seller said they were checked...Did the seller provide you with a receipt from a licensed HVAC tech that these items are fine? As far as what's left to do...I can not see your contract, your Realtor should be guiding you along the way.
Flag Thu Aug 15, 2013
Bill Eckler, Agent, Venice, FL
Thu Aug 15, 2013
Because the home owner says, everyting is fine doesn't mean you should drop these issues. The home inspector brought these items to your attention as a means of protecting your interests. It would be fair to assume there could be issues.

Refer to your purchase agreement. It might explain the difference between "working condition" and "cosmetic condition." Generally, if systems are operating as they were designed to function, repairs are considered to be unnecessary.

Your inspector was likely not an AC expert and was evaluating the system's efficiency only. You might consider having a licensed AC person do an evaluation yourself to make certain the information given by the owner is accurate.

Refer to your purchase agreement to be clear on what it specifiec relative to repairs and repair limits.

Good luck,

1 vote
Sally Grenier, Agent, Boulder, CO
Thu Aug 15, 2013
What does your Realtor say?? As others have said, "not blowing cold enough" is pretty relative and very vague. Is the A/C really old and on it's last legs? Is the compressor failing? Or does it just need to be serviced?? If the unit is technically working, it's hard to ask for a brand new A/C unit. Might be worth a second opinion. Also did the sellers hire a professional A/C contractor to have it "checked"? If so, I'd ask to see that receipt.

Keep in mind...You are buying a "used" house. Not everything is going to be perfect. If this is a deal breaker for you and you're prepared to walk away, then do it. But if you really want the house, maybe you and sellers can come to some sort of compromise. Maybe they can credit you $500 to have the unit serviced??

Again, you and your Realtor need to sit down and discuss what you want exactly. Then he/she needs to go to the other agent and see if there is some sort of solution that works for both parties.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Thu Aug 15, 2013
#1. What were the terms of the purchase agreement. If you purchased the home "As-Is' the seller has options that prevent them from being subject to unreasonable obligations. What is unreasable is solely defined by the SELLER.

#2. Yep, I've had one 'inspector gone goofy' report nullified by a HVAC engineer who stated. "Everything is working as designed/expected."
#3. Precision Your inspector DID NOT SAY 'not blowing cold enough" but provided data that sounds like:
- Air differential is less than 8 degrees. ( Optimum is 12 degrees)
- Incoming air and conditioned air temperatures are too close.
What does the report actually say?
When you were there, the first and second time...did it feel as though the HVAC was not working properly? Take care when allowing another who is not part of the negotion to insert a poision pill.
Finally, how much do you want the house?
Do you have a second, comparable option?
Is the repacement of the HVAC a show stopper?
If it is for you, then let your professional negotiator you hired find the middle ground with the seller.
Be aware, there may be a back up buyer waiting for you to make a bad decision.

Best of success,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
Serious people call!
Serious people need reliable data.
0 votes
Terry Farnsw…, Agent, Lisle, IL
Thu Aug 15, 2013
"Not blowing cold enough" is relative. Does it need to be serviced or need refridgerant added? Maybe. Is it working? Yes.

Routine maintenance items are generally not considered to be something you'd include on a list of items you expect a seller to address. Safety issues, code violations, or "major" issues with the property that weren't factored into the sales price of the property could be. If you are purchasing a resale home - you are essentially buying a home filled with "used" mechanicals/goods. They are going to show the wear and usage of however old they are.

If you want everything in brand new, spotless clean, working order - then I would look into purchasing a new home. Otherwise, if you are getting a good deal and happy with the property, you might not want to rock the boat on minor issues.

You can certainly ask the home owners to work with you, or compromise on the repair/servicing of items, but they don't have to agree to your requests. I would sit down with your real estate agent and craft a course of action without being too demanding about anything that isn't a major concern.

Hope that helps!
0 votes
Nan Brennan, Agent, Appleton, WI
Thu Aug 15, 2013
What has your realtor suggested? I would suggest you ask that it be repaired
0 votes
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