If my home was sold as having central air but the air condenser is missing, who is liable?
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If my home was sold as having central air but the air condenser is missing, who is liable?
I bought the house 4 months ago; I did not have home inspection. However we had an appraiser to for my FHA loan. They stated that the house had central air and was over all in good condition. They compared the houses with one that did have a central air system. They appraised the house and I paid that price. Then after I moved in I found out that the air condenser is missing. Who’s fault is it? Is it mine, or someone else’s?
Asked on July 29, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It seems that the home you purchased does not have one of the represented components of the represented air conditioning system, a missing air condenser. If the seller did not know that the condenser was missing and you did not discover it through inspections by third party experts, the failure to discover the missing component most likely falls upon you.
In California, the measure of damges for the sale of real property assuming liability is established is the "out of pocket" measure of damges which is the lesser of the current cost of repair or diminution in value at close of escrow. Diminution in value is essentially given the claimed problems of the property presently, what impact on the price you paid for the property would the problem have had at close of escrow?
In your circumstances, even though the air condenser is missing and you are probably not happy about having to pay for a new one, its absence most likely had little impact on the price you paid for the home.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It seems that the home you purchased does not have one of the represented components of the represented air conditioning system, a missing air condenser. If the seller did not know that the condenser was missing and you did not discover it through inspections by third party experts, the failure to discover the missing component most likely falls upon you.
In California, the measure of damges for the sale of real property assuming liability is established is the "out of pocket" measure of damges which is the lesser of the current cost of repair or diminution in value at close of escrow. Diminution in value is essentially given the claimed problems of the property presently, what impact on the price you paid for the property would the problem have had at close of escrow?
In your circumstances, even though the air condenser is missing and you are probably not happy about having to pay for a new one, its absence most likely had little impact on the price you paid for the home.
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