What options do I have if I sold a house last week and now he buyer is saying that the A/C unit has gone bad and wants me to pay for a new system?

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What options do I have if I sold a house last week and now he buyer is saying that the A/C unit has gone bad and wants me to pay for a new system?

The buyer declined inspection and final walk-through. I had on file that the AC system was cleaned and serviced about 3 months ago. The buyer wants me to pay for the system now.

Asked on September 6, 2019 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A seller is only liable (that is, responsible for) post-closing repairs IF there is evidence that the problem existed pre-closing and that the seller knew (or logically must have known) of it but nonetheless failed to disclose it. In that event, your nondisclosure of a known problem would be fraud, and provides a basis for the buyer to sue. But if there was no problem pre-closing, or there was and you were not aware of it, you are not liable. If the system was cleaned and serviced 3 months prior, that would be strong evidence that both 1) the problem did not exist then and 2) that even if it did, you had no reason to know of it--since the service person did not make you aware of any issues but rather (we assume) gave it a clean bill of health.


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