If the copper was stolen from the home we bought before closing, do I have any recorse

UPDATED: Oct 1, 2022

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If the copper was stolen from the home we bought before closing, do I have any recorse

I had all of the inspections done and was told that the A/C was in working order. We moved in last week and tried to turn on A/C but it did not work. We had to already use the home warranty. They informed me that all the copper and equipment was missing to have the A/C and heating work. I was told I would have to pay out of pocket to get house redone. What legally can I do?

Asked on November 8, 2018 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The seller has to pay, if the copper, etc. was stolen after the inspection but pre-closing: the seller is responsible to turn the home over to you in the shape it existed after inspection. They have to take steps to secure and protect the house during the period pre-closing and, if they do not, have to set right or repair whatever happened during that time, to put the home back in the condition it was at inspection. If they did or will not, you could sue themfor "breach of contract": for violating their contractual obligation to turn over to you the home you agreed to buy in the condition your agreed to buy it in.

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