Q: Bought new home, HVAC unit not tested in Dec. AC found to be broken during summer. Should I go to small claims court?
Wife and I recently bought a new home during winter.
It was said by seller that the AC unit is new--it appears to be so.
Recently have had a need to use the AC during summer--found that it does not work.
Had 2 trusted inspections saying it is probably a faulty coil.
Ask previous owner about warranty information, nothing.
She skirts around purchasing/installation information and says it was bought online.
We have the "installer" she used come out and inspect, he said "I didn't buy the parts, they were here when I arrived. I just welded/hooked them up." We asked the him about the issue, he suggests a faulty coil. Replacement is about $800 for a new one, plus labor.
Previous seller will still not give us warranty, purchase date, install date, or dealer info on the AC unit.
Should I take seller to small claims court to have her cover the cost of parts and install? I do not have an easy 1k to spend, especially as her listing mentions "New mechanicals..."
A: Maybe. You would need to allege fraud or failure to disclose, but given the time that has past it may be an uphill battle, though not impossible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
