Who is resposible for replacing the central air unit?

Purchased a used house trailer in
January. Central air was not tested.
Now needs replaced. It does not work
and cannot be repaired. Who is
responsible?

Asked on June 2, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The seller would be responsible only if one of the following applies:
1) The seller gave you some warranty or guaranty, which you can enforce according to its plain terms (such as by a "breach of contract" lawsuit);
2) The seller knew, or the evidence shows that she *must* have known, about a problem with the A/C (e.g. you found out that she had a contractor look at it a few months earlier, and that he had recommended replacing it due to its age or some problem), but despite knowing of it, failed to disclose it to you--the failure to disclose a known problem is fraud, and fraud would provide a basis to sue for compensation (such as the repair/replacement cost).
Otherwise, the seller is not responsible, since she is only responsible if she agreed contractually to be (e.g. a warranty) or knowingly hid a problem she was aware of from you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The seller would be responsible only if one of the following applies:
1) The seller gave you some warranty or guaranty, which you can enforce according to its plain terms (such as by a "breach of contract" lawsuit);
2) The seller knew, or the evidence shows that she *must* have known, about a problem with the A/C (e.g. you found out that she had a contractor look at it a few months earlier, and that he had recommended replacing it due to its age or some problem), but despite knowing of it, failed to disclose it to you--the failure to disclose a known problem is fraud, and fraud would provide a basis to sue for compensation (such as the repair/replacement cost).
Otherwise, the seller is not responsible, since she is only responsible if she agreed contractually to be (e.g. a warranty) or knowingly hid a problem she was aware of from you.


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