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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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