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Buying a house and them AC breaks within a week....

Posted on 8/4/12 at 12:11 pm
Posted by bringonusc
Owasso, OK
Member since Aug 2007
3767 posts
Posted on 8/4/12 at 12:11 pm
My lil brother closed on his first house last Friday (July 27th) and his AC unit went out on Thursday (August 2nd). Is there anyway the previous owner can be liable for any of the cost??

TIA
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 8/4/12 at 12:33 pm to
Welcome to home ownership


Was there an inspection done prior?

Did he buy a warranty?

What is wrong with A/C? Is it something that just broke spontaneously? Or was it something that the prev owner knew about and made shortcut fixes to last long enough to get the house sold. Bottom line is if they knew about it and did not disclose it their may be recourse, if it just happened, oh well
Posted by bringonusc
Owasso, OK
Member since Aug 2007
3767 posts
Posted on 8/4/12 at 12:53 pm to
quote:

Welcome to home ownership


that's what I told him

quote:

Was there an inspection done prior? Did he buy a warranty?


Unfortunately, the answer is no to both.

quote:

What is wrong with A/C? Is it something that just broke spontaneously? Or was it something that the prev owner knew about and made shortcut fixes to last long enough to get the house sold


The compressor went out. He said it was just a spontaneous thing.
Posted by HurricaneDunc
Houston
Member since Nov 2008
10472 posts
Posted on 8/4/12 at 12:55 pm to
Looks like you've answered your own question
Posted by rmc
Truth or Consequences
Member since Sep 2004
26470 posts
Posted on 8/4/12 at 1:23 pm to
quote:

Is there anyway the previous owner can be liable for any of the cost??


How much will it take to replace the compressor? Even if they might be liable, it might not be worth his time or money to get it from them.
Posted by bringonusc
Owasso, OK
Member since Aug 2007
3767 posts
Posted on 8/4/12 at 1:33 pm to
quote:

How much will it take to replace the compressor? Even if they might be liable, it might not be worth his time or money to get it from them.


He had an entire new unit put in yesterday. The old one was over 30 years old.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26470 posts
Posted on 8/4/12 at 1:46 pm to
quote:

He had an entire new unit put in yesterday. The old one was over 30 years old.


Ouch. Well, with that little nugget of information, I think your brother is going to be hard pressed to hold them liable. I assume he had every chance to find out that the AC was 30 years old and might have even known. Now, if they lied and said it was 5 years old, that's something else.
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 8/4/12 at 2:31 pm to
Sounds like he set himself up for that one.

First house and a lesson learned.
Posted by bamaphan13
Member since Jan 2011
987 posts
Posted on 8/4/12 at 2:35 pm to
Not buying a warranty is one thing but no inspection is just moronic.
Posted by bringonusc
Owasso, OK
Member since Aug 2007
3767 posts
Posted on 8/4/12 at 2:46 pm to
quote:

Not buying a warranty is one thing but no inspection is just moronic.


I agree. Although, he is an electrician so he inspected most of the stuff himself. But like someone else said, lesson learned.
Posted by bringonusc
Owasso, OK
Member since Aug 2007
3767 posts
Posted on 8/4/12 at 2:50 pm to
quote:

Ouch. Well, with that little nugget of information, I think your brother is going to be hard pressed to hold them liable. I assume he had every chance to find out that the AC was 30 years old and might have even known. Now, if they lied and said it was 5 years old, that's something else.


He knew it was 30 years old. He bought the house from a family friend so he knew everything about it before buying. He just thought he remembered during closing someone saying that if something broke within a week the seller could be liable. He figured it would go out eventually but not this soon!

He was smart though, and made sure he had some cash saved for repairs since he was buying a 30 year old home.
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48224 posts
Posted on 8/5/12 at 11:57 pm to
In the long run, I think he's better off with a new system than dealing with a 30 year old system that's inefficient and liable to break any day.
Posted by Tigris
Mexican Home
Member since Jul 2005
12331 posts
Posted on 8/6/12 at 7:07 am to
quote:

In the long run, I think he's better off with a new system than dealing with a 30 year old system that's inefficient and liable to break any day.


This. If he knew it was 30 years old then he should have budgeted to have a new AC installed shortly after moving in.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35462 posts
Posted on 8/6/12 at 10:07 am to
quote:

Although, he is an electrician so he inspected most of the stuff himself.


What exactly does this qualify him to inspect other than the electrical system in the house?
Posted by GetBackToWork
Member since Dec 2007
6246 posts
Posted on 8/6/12 at 10:45 am to
I'm assuming he paid cash. A financed house would have required a typical house inspection, and the A/C age and condition would have been noted. Even if cash, everyone should have a good inspection done. On larger houses, inspections by specialized experts are ideal - roof, structure, etc.

A repairman can note if any recent patch repairs were made, that might suggest the owner's disclosure wasn't accurate. All house sales include a pretty extensive disclosure form.

At 30 years old, also assuming the AC is as old as the house, there is no expectation of future life. Every day is on borrowed time.

Posted by mytigger
Member since Jan 2008
14839 posts
Posted on 8/6/12 at 11:23 am to
quote:

The old one was over 30 years old.


I'm sure he didn't plan on having it go out the first week, but surely he knew it was going to crap out sooner rather than later.

And no, the last owner is not liable. The only way he's covered is if he bought a warranty.
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 8/6/12 at 11:39 am to
Based on what you have stated why the frick should the previous owners in ANY WORLD be liable or the thought to even cross a persons head that they should be liable?
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