After houe inspection, seller assures bad AC was fixed

[SoMDResident]

What is the name of your state (only U.S. law)? MD

Hi and thank you for your kind advice in advance.

Before purchasing our So. MD in March of this year, our inspector told us that the "new" AC was not hooked up properly. We addressed the issue with the selling realtor (who was listing for a bank out West as this was a foreclosure). She took our complaint back to the bank contact who then subcontracts the work out locally. Later we received an email that everything was in working order (the selling realtor actually just forwarded the info she received from the bank rep). So we close. A few months later when the weather warranted running the AC, we cranked it up but didn't visit the basement for a few days. When we did, we discovered inches of water in about half of the basement (the carpeting was soaked). Apparently, the AC was hooked up without a condensation or sump pump. We called for emergency service and a technician installed a condensation pump but told us that it was a temporary fix and the unit would have to be raised with the duct work reinstalled. We contact the selling realtor to see if they want to send their own fix-it crew out. Two weeks later, after no response to numerous calls, we shell out the $3200 to make it right. We were told the bank was "concerned" and promised to make everything right. We sent the invoices as requested and now they say we need to go after the original contractors. I think not. I plan to hit small claims, but who should I name in the complaint? The selling realtor? The bank? Everyone I can think of and let the judge sort it out? Are they liable for having our carpet repadded, stretched, and cleaned? Was it our obligation to pay the inspector to come back after they said the problem was addressed?

Thank you again.What is the name of your state (only U.S. law)?

[Some Random Guy]

You have no relationship to the original contractors. You bought the house from the bank, which told you the problem was fixed. Did YOU have a realtor in this transaction?

Your recourse is to sue the bank. You have not indicated that the realtor did anything wrong here.

However, you could have saved yourself a lot of trouble by
1. Asking your lazy home inspector to tell you what he meant when he said "the AC was not hooked up properly."
2. Not double checking the fix as soon as possible.

[HomeGuru]

Originally Posted by SoMDResident

What is the name of your state (only U.S. law)? MD

Hi and thank you for your kind advice in advance.

Before purchasing our So. MD in March of this year, our inspector told us that the "new" AC was not hooked up properly. We addressed the issue with the selling realtor (who was listing for a bank out West as this was a foreclosure). She took our complaint back to the bank contact who then subcontracts the work out locally. Later we received an email that everything was in working order (the selling realtor actually just forwarded the info she received from the bank rep). So we close. A few months later when the weather warranted running the AC, we cranked it up but didn't visit the basement for a few days. When we did, we discovered inches of water in about half of the basement (the carpeting was soaked). Apparently, the AC was hooked up without a condensation or sump pump. We called for emergency service and a technician installed a condensation pump but told us that it was a temporary fix and the unit would have to be raised with the duct work reinstalled. We contact the selling realtor to see if they want to send their own fix-it crew out. Two weeks later, after no response to numerous calls, we shell out the $3200 to make it right. We were told the bank was "concerned" and promised to make everything right. We sent the invoices as requested and now they say we need to go after the original contractors. I think not. I plan to hit small claims, but who should I name in the complaint? The selling realtor? The bank? Everyone I can think of and let the judge sort it out? Are they liable for having our carpet repadded, stretched, and cleaned? Was it our obligation to pay the inspector to come back after they said the problem was addressed?

Thank you again.What is the name of your state (only U.S. law)?

**A: you may or may not have a claim against the bank. Generally foreclosure property sold by the lender is sold on an as-is basis with no warranties. Unless you have written agreement by the bank that they would have the AC in working order to code, you may be out your $3K.

[SoMDResident]

Thank you for your responses. My husband was the one who got the inspection and "handled" everything before closing. I actually had no idea about the whole AC issue until it became a problem. Then I was the one who had to handle it. We were given a 1-year home warranty (outside company) as part of the sale. However, the home warranty agency says the warranty is void if the AC was not initially properly installed. All of my dealings were through the listing realtor. We had numerous emails and phone calls in which I was told the bank would take responsibility, with nothing in writing (of course). Had I known before the closing or at least at the closing, I would have had the issue addressed in writing then. Hindsight is a wonderful thing. Thanks again.

[HomeGuru]

Originally Posted by SoMDResident

Thank you for your responses. My husband was the one who got the inspection and "handled" everything before closing. I actually had no idea about the whole AC issue until it became a problem. Then I was the one who had to handle it. We were given a 1-year home warranty (outside company) as part of the sale. However, the home warranty agency says the warranty is void if the AC was not initially properly installed. All of my dealings were through the listing realtor. We had numerous emails and phone calls in which I was told the bank would take responsibility, with nothing in writing (of course). Had I known before the closing or at least at the closing, I would have had the issue addressed in writing then. Hindsight is a wonderful thing. Thanks again.

**A: go after the listing broker.

[SoMDResident]

Thank you for your assistance. Today I sent an email to the listing agent outlining the evidence I had (including an intial disclosure stating that the AC was in operable condition) and that I would wait 30 days before filing in order to give them a chance to resolve. She telephoned me immediately and said she thought we had been make whole. I am supposed to hear back by COB tomorrow and she is recommending to the bank (owner) that they pay me a total of $3800 to cover the AC repair and the personal damage. I'm pretty sure she does not want her company in court.

So, there may be a happy ending in the very near future. Thanks again.

[HomeGuru]

Originally Posted by SoMDResident

Thank you for your assistance. Today I sent an email to the listing agent outlining the evidence I had (including an intial disclosure stating that the AC was in operable condition) and that I would wait 30 days before filing in order to give them a chance to resolve. She telephoned me immediately and said she thought we had been make whole. I am supposed to hear back by COB tomorrow and she is recommending to the bank (owner) that they pay me a total of $3800 to cover the AC repair and the personal damage. I'm pretty sure she does not want her company in court.

So, there may be a happy ending in the very near future. Thanks again.

**A: keep us posted and be sure that her principal broker is in the loop.