Columbus, OH asked in Small Claims for Ohio

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..."

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1 Lawyer Answer
Taylor P Waters
Taylor P Waters
  • Worthington, OH
  • Licensed in Ohio

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.

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