Who should pay to replace the air conditioning unit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who should pay to replace the air conditioning unit?

My sister and husband purchased a mobile home. Before moving in to said property, approximately 4 days after completing paperwork, the air conditioning unit located outside the mobile home was stolen. The seller has not filed paperwork with the courthouse and is refusing to replace the unit, demanding that my sister file a claim on her homeowners policy. Who is liable here for replacing the

unit?

Asked on March 28, 2016 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Even if your sister had not moved in yet, who owed it when the theft happened? If title had not passed--that is, the seller was still the owner--he has to replace it: he needs to provide the home to your sister in the shape and with the features it had when she agreed to buy it. But if title had already passed to her, then the fact that she did not move in is irrelevant: it was her mobile home and her air conditioner and the seller has no more responsibility.


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