Q: Purchased a home 6 months ago, listing stated the HVAC was new, system recently broke and was not new
We recently found out from the city that the HVAC unit is not new (this was discovered after unit broke) seller installed unit with no permits or final inspection from city. We paid for an HVAC Air Conditioning company to come out and see what the problem was. Discovered unit was not up to code and had a few other issues that could cause major problems and hazard if not corrected such as major leaking in attic, electrical not correctly installed and unit had already been fixed once before and welded. Freon leak was outside at coil pipe and covered with new foam insulation so it was not visible to our final inspectors. All issues were written in Air Conditioning repair report which we have. Seller was contacted and informed and confirmed jokingly stating "oh they didnt catch this on the final inspection?" He informed us he would contact the guy who installed the unit and gave us a company name and guys name that can not be found. Can we take him to small claims court for repairs?
A: Sure, you should get an estimate for a new unit, send a letter to him and ask him to pay. If he refuses, you should take him to small claims court.
A:
"Can you take him to small claims?" Yes. The starting place to determine what claims you might have is the Seller representations that were provided to you in the sale/purchase process, and also the home inspection report that you requested before purchasing the home. If the inspector missed things that needed repair, the inspector might also be liable for your damages, so you should consider submitting the claim to him. You will need reports from your repair people to the effect that the unit was not up to code (having a building inspector also certify it was not to code would be great!) . I would call for a building inspector to come from the city, his report would carry a lot of weight in Court. Small claims limit is $10,000.00, keep that in mind. Best to consult with a Real Estate construction attorney beforehand to assist in preparation of your case.
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