Consumption and Real Estate
Can I sue the seller of my home after closing is over?
Question : Can I sue the seller of my home after closing is over?
First let me say that I know I’m going to have to talk to an actual lawyer from my state, but I’m at work and my day is dragging because of worry; so I’m on here in hopes that someone can calm my nerves a bit.
Now, my question is:
My husband and I closed on our first home July 9th. We left immediately to go out of town right after closing and only spent a couple nights in our new home and everything seemed to be running smoothly. However, upon returning from vacation we noticed that our A/C unit was running literally 24/7, but not cooling the house. We contacted a HVAC center to make sure (I know it sounds silly, but you never know) that we had it turned on properly and set properly and we did. So the next day we contacted our home warranty company to file a claim that the AC was obviously broken. The HVAC company came to our home and told us that basically the AC was installed incorrectly and that the warranty would not cover it. He informed us that it was shotty work and that we would need to contact the seller to make repairs, or it would cost us 3k.
My husband and I had TWO home inspections, so we did not buy the home blindly. However, the home inspector did not mentional anything about the AC unit. I asked the home inspection company and our real estate agent whether he should have and they both informed me that the home inspector is not a trained HVAC technician and his only job it to state whether its working properly at the time of inspection, which it seemed to be (mind you it was only 70 degrees out side, now it’s 95 and my house is a sauna) so it wasn’t stated in the report.
My overall question is, if the buyer refuses to make the repair do I have any hopes at winning in small claims court now that we’ve lived in the home for two weeks?
seller home warranty
Best answer:
Answer by Michael C
You would have to show that they knew the AC was not working properly and intentionally misled you.
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#2 written by Angel Eyes 1 year ago
Wow does this sound familiar! SAME EXACT SCENARIO with the house we bought! Ultimately the seller is off the hook – however there is a fund through the Board of Realtors established for this kind of thing – at least in Arizona. They can handle the repair/replacement if necessary. Check and see if it is the same in your state – and your Realtor should know about that fund, but often they don’t like to share that info with us, so you will have to ask directly! Also, your home owners insurance may help if you have the inspection copies. That’s where we went wrong, we didn’t get an inspection so we were out of luck completely! Don’t forget to file a claim against the company who did the installation with the Board of Contractors!
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#3 written by MLaw 1 year ago
The seller does not guarantee anything except title and his express representations, and that he won’t conceal any known defects. There is no indication the seller concealed anything. Your best claim is probably against the Home inspection company. Read your contract with them. Unless the A/C is excluded from the inspection contract they represented that they know enough to tell if it was in working order.
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Go through your Realtor. They should have records of repairs/replacements done to the house. The seller signed a Disclosure when they sold it. If the unit was installed the previous summer, they would know it was not working properly. You could also check with the City Permit Department to see if a permit for the installation was obtained. This also is the previous owners responsibility. Some sellers think they can get away with anything, until they are in court.