Can I sue the seller after closing?
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Can I sue the seller after closing?
We purchased a house that was built 3 years ago. We did the home inspection and the inspector said HVAC system needs yearly service. Our agent ignored that comment and removed the contingency. About 1 month after we moved into the house we figure out the system was not working properly. Then we found out that the system the was manufactured 12 years ago. Also, the seller had provided us credit to purchase home warranty for a year. Unfortunately, the home warranty denied our claim because the system was old and had leakage and we did not have 3 years service history. Now we have to pay over $5000 to replace the whole system. Can I file a
lawsuit against the seller regarding this issue as we purchased a 3 year old house but the HVAC system is old?
Asked on May 22, 2019 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You would not be able to sue the seller unless he or she actively lied to you. The only grounds you'd have to sue would ber fraud (a lie or misrepresentation by the seller made to induce you to enter into the transaction), and it would only be fraud if the seller specifically told you the HVAC (or all systems, etc.) were new; if he never stated that but you merely assumed it had to be new, that is not fraud, because the seller did not lie or misrepresent. Your assumptions, even if reasonable, are not the basis for a fraud suit: only the seller's actually statements. If the seller did misrepresent, however, then you could sue him.
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