Is a seller responsible for repairs even after closing?

Prior to closing on our house, the sellers agreed to have the HVAC serviced, because the inspection report said the unit was “inefficient” in cooling the home. They had the unit recharged with freon but it appears now that after having the unit checked by our own HAVC tech, the unit should be replaced and the original problem was the coil leaking; this is 2 months after closing. Since they agreed to “service” the unit, are they liable for any charges that we incur as the current owners of the house?

Asked on June 29, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, these issues do not "survive closing" unless they are provided for prior thereto in some way.  I would speak with your attorney on the matter as you say this was addressed but you though fixed.  It may in fact be too late.  The inspection should have been done prior to close.  Good luck.


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