What is a buyer’s recourse if the selller failed to disclose that the A/C system didn’t work and the home inspection failed to uncover this?

UPDATED: Aug 17, 2011

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What is a buyer’s recourse if the selller failed to disclose that the A/C system didn’t work and the home inspection failed to uncover this?

I just bought my first home this morning. I got the keys and found out that the A/C doesn’t work and I need a new unit by winter. A home inspection done. The inspector said everything was fine with the A/C. We just paid for a new motor installed today which cost $306. Is this legal? Is anyone responsible be sides us? Is the seller to be liable? What about the inspector?

Asked on August 17, 2011 Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The laws of each state is that the seller is required to disclose all known problems or items concerning his or her property before close of escrow to all known potential buyers that would materially affect desire to purchase the property or price paid.

If the seller knew about the problem with the air conditioning unit before close and did not disclose this fact, the seller would be responsible to you for the costs of repair.

Since the home inspector missed the air conditioning problem before close of escrow and assuming the problem with it existed prior to escrow's close, the home inspector should be liable for the $306.00 cost of repair to you.

You shoud write the seller and home inspector about the problem with a copy of the $306.00 invoice asking for reimbursement. If you get it, fine. If not, your option is small claims court.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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