Do I have any legal recourse?

[BWillie]

I recently purchased a home. Nice 4 bedroom, 3 bath home in Olathe. As part of our preconditions we required the seller to make some minor necessary repairs, and to have a licensed heating and cooling company/contractor take a look at the heating and cooling system to make sure it didn't need repairs, was safe, fully functional, and had no prior conditions.

The HVAC system was 27 years old, and I was hesitant to buy the house because of this. But the seller came down an awful lot from their asking price, and I had put in a low offer. The company who services the unit before I bought the house said the HVAC unit was fine, and I think they just added some freon since they were out. I had the seller buy me an AB May home warranty to cover myself if the HVAC unit did fail.

Within the first 3 hours I had the air on, water started gushing out the front of it, and not going out the hose. I figured it the hose probably just needed to be blown out as there was a clog, but come to find out the HVAC system is pretty much fucked and now it does not even work. I don't know much about HVAC systems, but I was told in essense the A-coil was bad, the furnace had rusted out in the pan or down by the flame, huge freon leaks in the outside and inside, it was unsafe, and a bunch of other things. AB May contends that this is something that was a precondition and they will not repair it under the warranty. The contractor who serviced the unit a month before I closed said there was more or less nothing wrong with the unit. The technician for AB May indicated that if someone had inspected or serviced the HVAC unit and thought that it was fine would of been a complete idiot and/or lying that they even inspected it. He even thought this was something the seller would of had to know about as the problems didn't happen over night.

So tomorrow I'm having my realtor, AB May, and the HVAC company who serviced it come over and have a little pow wow to find out what the hell is going on. My guess is I'm probably screwed, because neither want of them want to pay or admit an error. If none of them want to pay, would I have any legal recourse?

[NCarlsCorner2]

Originally Posted by BWillie007

I recently purchased a home. Nice 4 bedroom, 3 bath home in Olathe. As part of our preconditions we required the seller to make some minor necessary repairs, and to have a licensed heating and cooling company/contractor take a look at the heating and cooling system to make sure it didn't need repairs, was safe, fully functional, and had no prior conditions.

The HVAC system was 27 years old, and I was hesitant to buy the house because of this. But the seller came down an awful lot from their asking price, and I had put in a low offer. The company who services the unit before I bought the house said the HVAC unit was fine, and I think they just added some freon since they were out. I had the seller buy me an AB May home warranty to cover myself if the HVAC unit did fail.

Within the first 3 hours I had the air on, water started gushing out the front of it, and not going out the hose. I figured it the hose probably just needed to be blown out as there was a clog, but come to find out the HVAC system is pretty much fucked and now it does not even work. I don't know much about HVAC systems, but I was told in essense the A-coil was bad, the furnace had rusted out in the pan or down by the flame, huge freon leaks in the outside and inside, it was unsafe, and a bunch of other things. AB May contends that this is something that was a precondition and they will not repair it under the warranty. The contractor who serviced the unit a month before I closed said there was more or less nothing wrong with the unit. The technician for AB May indicated that if someone had inspected or serviced the HVAC unit and thought that it was fine would of been a complete idiot and/or lying that they even inspected it. He even thought this was something the seller would of had to know about as the problems didn't happen over night.

So tomorrow I'm having my realtor, AB May, and the HVAC company who serviced it come over and have a little pow wow to find out what the hell is going on. My guess is I'm probably screwed, because neither want of them want to pay or admit an error. If none of them want to pay, would I have any legal recourse?

Is there signs of rust lines running down the outside of the furnace cabinet, if so take pictures because I guarantee that didnt happen overnight.

[Bugeater]

Originally Posted by kepp

I'm convinced that the whole realtor/appraiser/contractor/builder/inspector process is just one big fixed network of people who screw people over.

Pretty much.



Anyway, you should have known that an HVAC system that was 27 yrs old was on borrowed time, regardless of the situation at the time it was serviced. You were going to be replacing soon anyway.

Originally Posted by kepp

I'm convinced that the whole realtor/appraiser/contractor/builder/inspector process is just one big fixed network of people who screw people over. Like when we refinanced a couple of years ago. The bank needed the house appraised (understandable) but they would only use an appraiser of their choosing. If the appraisal came in above a certain amount we would get a better rate or some crap (don't remember exactly now). Low and behold, the appraisal came in EXACTLY at the amount that was set and we didn't "qualify" for the best deal. What BS.

It depends on who you work with. But I'm not sure why contractor got thrown in there. I treat people with utmost respect and give everybody a fair deal.

If you're replacing the AC get the furnace done too.

[kstater]

I'd hate to see the efficiancy on an almost 30 year old system. The energy savings will pay off the new system fairly quickly.

[Mile High Mania]

Well, it sounds like you had concerns about the HVAC system before signing... they dropped their asking price, you liked it ... the HVAC system was looked at and received the stamp of "fine" form the service company. I'm sure the seller knew about the problems, but with a 27 year old system... you should have had someone come in and give it a serious look.

The seller signed, you signed... now it's your house and your having issues with a 27 year old HVAC.

I think you're going to need to budget for a replacement.

[Coach]

Originally Posted by Mile High Mania

Well, it sounds like you had concerns about the HVAC system before signing... they dropped their asking price, you liked it ... the HVAC system was looked at and received the stamp of "fine" form the service company. I'm sure the seller knew about the problems, but with a 27 year old system... you should have had someone come in and give it a serious look.

The seller signed, you signed... now it's your house and your having issues with a 27 year old HVAC.

I think you're going to need to budget for a replacement.

Sounds like it. Or he could do the oldest trick in the book. Burn his house down to get insurance money out of it, without any evidence of tampering or a deliberate attempt to burn it.

[Comanche]

Originally Posted by Dave Lane

Not worth the effort unless they volunteer. Not that expensive anyway and knowing it was 27 years old what did you expect? It to last another 27? Also the efficiency of the new unit will offset the cost of putting it in quickly so it maybe a mixed blessing. The payback on 2-3k is pretty quick. Lawyers will rack that much up in a week.

Good post!

[BWillie]

Originally Posted by Mile High Mania

Well, it sounds like you had concerns about the HVAC system before signing... they dropped their asking price, you liked it ... the HVAC system was looked at and received the stamp of "fine" form the service company. I'm sure the seller knew about the problems, but with a 27 year old system... you should have had someone come in and give it a serious look.

The seller signed, you signed... now it's your house and your having issues with a 27 year old HVAC.

I think you're going to need to budget for a replacement.

Someone did come in for a serious look, that was part of the conditions. I know it is an old system, and I was planning on replacing it in a couple years. That was the whole point of the warranty. They will repair it in the meantime until I can get enough funds to replace the HVAC unit. I just closed on I a house. I don't have six grand to replace a unit right now.

We have a receipt from the licensed HVAC tech that says no cracks or holes were found and the furnace was in safe working condition. Also said the AC unit worked fine. AB May took pictures and found HUGE cracks and holes that they felt were unsafe and said I could and probably likely would get carbon monoxide poisoning if I used the furnace. Seller says they replaced freon only one time in last two years. AB May feels that it is impossible that freon only had been added once in the last two years because there are HUGE freon leaks inside and out. Basically AB May will not pay for anything as they are saying it is a precondition, so I'm going to try to settle with this HVAC tech, which won't happen. Additionally, nothing is on the disclosure about any of this. So I'm just screwed.

[nstygma]

Originally Posted by BWillie007

So I'm just screwed.

can you post an image of the HVAC inspection without your personal info?
i would really like to see their report

[Bugeater]

Originally Posted by BWillie007

Someone did come in for a serious look, that was part of the conditions. I know it is an old system, and I was planning on replacing it in a couple years. That was the whole point of the warranty. They will repair it in the meantime until I can get enough funds to replace the HVAC unit. I just closed on I a house. I don't have six grand to replace a unit right now.

We have a receipt from the licensed HVAC tech that says no cracks or holes were found and the furnace was in safe working condition. Also said the AC unit worked fine. AB May took pictures and found HUGE cracks and holes that they felt were unsafe and said I could and probably likely would get carbon monoxide poisoning if I used the furnace. Seller says they replaced freon only one time in last two years. AB May feels that it is impossible that freon only had been added once in the last two years because there are HUGE freon leaks inside and out. Basically AB May will not pay for anything as they are saying it is a precondition, so I'm going to try to settle with this HVAC tech, which won't happen. Additionally, nothing is on the disclosure about any of this. So I'm just screwed.

That's what I figured, just because the system was OK at the time of inspection doesn't mean a whole hell of a lot. You would've been better off asking them to replace it as opposed to beating them down on the price.

[kstater]

I still can't come to terms that an almost 30 year old system just broke down out of the blue.

[BWillie]

Originally Posted by nstygma

can you post an image of the HVAC inspection without your personal info?
i would really like to see their report

It's not much of a report. It just says "Cleaned furnace. Inspected furnace. No cracks or holes found. Furnace safe at this time", and then goes on to talk about the AC unit.

Based on how big the cracks were, and how many there where, they were there is no way they formed over night. This guy just did a quick inspect to appease the seller and went on his way. What if I turned on my furnace and keeled over dead from carbon monoxide poisoning?

[luv]

So, did you have the inspection done, or did the seller? Did you have the home inspected before you purchased it?

[nstygma]

Originally Posted by BWillie007

....and to have a licensed heating and cooling company/contractor take a look at the heating and cooling system to make sure it didn't need repairs, was safe, fully functional, and had no prior conditions.

was that the exact wording in your contract?
does your agent and the listing agent work for the same company?