What rights do we have if our condo seller failed to disclose the broken air conditioning unit?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights do we have if our condo seller failed to disclose the broken air conditioning unit?

My husband and I bought a condo almost 3 years ago (34 months). During our first summer 9& months after purchase), we noticed the A/C unit was broken and the repairman noted that there was a previous issue with the air unit and that it would cost thousands to fix. We immediately contacted our real estate agent, who contacted the seller’s real estate agent (who also happens to be our agent’s boss – is this a conflict of interest?). The seller stated the unit worked fine when he was there. However, we want to pursue it further. Is there a time limit to confront him?  

Asked on August 10, 2011 Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In all sales of real property in this country, the seller of real property are required to disclose all facts known to him that would materially affect a buyer's desire to purchase that property or influence its purchase price.

If the sellers of the condominium knew that the air confirioning unit was not working before close of escrow, they had a legal obligation to disclose this fact to you.

The problem is that you are now bringing up this claim of a malfunctioning air conditioning unit almost three full years after close. If the air conditioning unit was not working before you closed escrow, one would expect that you would have found this problem soon after close of escrow and brought up this problem to your real estate agent.

If you did not know that there was a dual agency where the same real estate brokerage represented you and the seller in the sale, that should have been disclosed to you in writing before the close.

You need to find out what the costs to fix the air condtitioning unit which would most likely be your damages in this possible dispute assuming you can prove liability. Note, since the escrow closed almost three years ago, if you are going to file a lawsuit, you better do so soon in that there are statute of limitations that could bar your claim if a lawsuit is not filed soon.

You should consult a real estate attorney about your problem immediately.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption