QUESTION

Home buyer, AC was defective

Asked on Nov 24th, 2015 on Real Estate - California
More details to this question:
Bought a home 6 months ago and when I tried the AC it worked for about 20 min and then stopped cooling. It was clearly a problem the first time I actually needed to run it but worked long enough to pass inspection. Had multiple HVAC guys out and they all said it was probably never working properly.
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3 ANSWERS

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I wrote you a nice long answer, but this website is not working, and the support department is closed for the holiday until Monday. I got a 404 error message. Please call me at 510-286-2200. I apologize for the inconvenience. I am a user of the website, just like you, and have no control over it. Dana Sack  
Answered on Nov 25th, 2015 at 1:19 PM

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Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Yes, the seller is required to let you know about defects in the property which you cannot discover by doing a reasonably thorough inspection of the property, about which the seller has actual knowledge. If the seller denies knowing about the problem and denies having tried to use the air conditioning for a year or two and claims that it worked the last time he used it, how are you going to prove the seller is lying? Is there a sticker on the HVAC unit with the identity of a contractor who installed or serviced it? You can ask them to provide you with a copy of their file. If they refuse, you can send them a letter that you are planning a lawsuit againt the sellers and that the HVAC company is required to maintain all its records and not destroy anything, so that you can get the lawsuit started and subpoena the records. How much is it going to cost to fix it? You can sue in small claims court for up to $10,000.00. Check your contract. Many home sales contracts require that you go to mediation before starting arbitration or a lawsuit. Many home sales contracts require arbitration. Lawsuits are expensive, probably a lot more than the cost of repairing the air conditioner.   If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.   Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack  
Answered on Nov 25th, 2015 at 1:17 PM

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Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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Write a letter to the seller, requesting that they pay to fix the AC, and also request that they agree to mediation if they won't pay, or if they don't agree within 30 days that they will be deemed to have rejected mediation.  Then after 30 days, sue them in small claims court for up to $10,000.
Answered on Nov 25th, 2015 at 8:09 AM

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