who is liable for A/C unit sellers or buyers within 5 weeks upon closing

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who is liable for A/C unit sellers or buyers within 5 weeks upon closing

Towards the end of April I close on this home… The
end of May my A/C unit was only blowing out hot
heat… I reached out to realtor stated to her what was
going on. The realtor response things like this
happen everyday that why I put you in a warranty
problem. I was like ok cool let me reach out to them .
I told her I shouldnt have to replace a unit and
havent use it a good month…Not to mention
inspection notes stated the unit pressure were low
and heat pump not working properly.. I reached out
to warranty department they requested for copy of
inspection and any receipts.. I email them that
information I got a call stating they couldnt honor the
warranty. Due to reading the inspection notes. The
unit had an issue before I purchase the home. The
receipt I sent in only stated Freon was added to the
unit. Why add Freon if you dont know the reason
why its low…

Asked on July 13, 2018 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The company issuing you the warranty is responsible if under the terms of the warranty--which is a contract, and which is therefore binding like, and can be enforced as, any other contract--they have to make the repair. If you believe that under the terms of the warranty, they should take care of this issue but they do not, you could sue them for "breach of contract."
The seller would be liable if you can show that the seller knew of a problem with the A/C, or logically under the facts of the situation must have known, but despite knowing, did not disclose it. A failure to disclose a known problem is fraud, and would provide a basis to sue for compensation (e.g. repair costs).
If the seller did not know of the problem and the warranty does not in fact cover this, when it would be your cost.


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