Q: HVAC issue three months after purchase. Could seller be held liable?
We bought a home 4 months ago, that had been renovated by the seller. After it became colder we realized all the rooms that had been added on have no heat going to them. There is flex duct going to each room, but it provides no heat. I believe that the seller did all the work on the home himself (trying to verify this information at this time). On the disclosure the seller marked that there was no issue with the HVAC system, while there is obviously no heat to the additions. I have now had two different companies come out and look at it any there are estimating $20000 to fix the issue, as basically everything needs to be "taken out and started over." Do you think there would even be a case that could be made against the seller or am I just SOL?
A: You could potentially have a case against the seller, but a definitive answer to that question depends on very specific facts that are not provided here, such as the precise language of the contract and disclosures, as well as whether or not the seller had knowledge of the issues prior to entering into the contract. In any event, I would recommend organizing the contract, disclosures, and all other information relevant to this situation, and consulting with an attorney individually. Due to the high amount of money at stake, it is certainly worth a private consultation with an experienced attorney to evaluate your options moving forward.
A: I agree with Steve McCann, and add this thought: If you had a real estate inspector inspect the property before the closing, what does his or her report say about this? If the issue is not addressed, it may be possible to include him or her in the mix as a means of increasing the number of sources who may be liable. If you have an inspection report bring it to the appointment Mr. McCann recommends you have with an experienced attorney.
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