Buyer wants new furnace - collusion

[wer3angels]

What is the name of your state? Pennsylvania

We are the seller of our home. After 2 home inspections and the advise of an HVAC technician, we will need to make an adjustment to our furnace to make it run more efficiently.

Buyer had HVAC 'friend' inspect furnace in front of us, along with buyer and seller's realtors and buyer. HVAC 'friend' did everything in his power to try and overheat the furnace to try and make a crack in the furnace (to no avail). When he wrote up his receipt of only $55 for a 1 1/2 hr inspection, he stated he recommended a new furnace.

Now, the buyer wants a new furnace or he will back out of the deal.

We have no doubt this escapade is a case of fraud (collusion).

Can the buyer actually back out because we are not giving him something he and his buddy concocted?

[HomeGuru]

Originally Posted by wer3angels

What is the name of your state? Pennsylvania

We are the seller of our home. After 2 home inspections and the advise of an HVAC technician, we will need to make an adjustment to our furnace to make it run more efficiently.

Buyer had HVAC 'friend' inspect furnace in front of us, along with buyer and seller's realtors and buyer. HVAC 'friend' did everything in his power to try and overheat the furnace to try and make a crack in the furnace (to no avail). When he wrote up his receipt of only $55 for a 1 1/2 hr inspection, he stated he recommended a new furnace.

Now, the buyer wants a new furnace or he will back out of the deal.

We have no doubt this escapade is a case of fraud (collusion).

Can the buyer actually back out because we are not giving him something he and his buddy concocted?

**A: we have no idea but what does the contract state? That is the key.

[Samm1970]

If the purchase agreement was contingent upon an acceptable inspection then the buyer can cancel the purchase agreement in this case. He's not satisfied with the condition of the furnace.

[FarmerJ]

Has the buyer given you a copy of a written inspection report from a licensed heating contractor? If they havent produced a report from a licensed person then Use the links up top to locate a real estate atty who can assist you by doing a letter for you addressing the issue. The real estate atty can assist you making sure that the rest of the process is handled cleanly and will not come back to haunt you . Other wise let it go and start all over with the assistance of a real estate atty.

[CAlandlords]

Originally Posted by wer3angels

What is the name of your state? Pennsylvania

We are the seller of our home. After 2 home inspections and the advise of an HVAC technician, we will need to make an adjustment to our furnace to make it run more efficiently.

This right here SAYS that your furnace does not run well, or properly or whatever term you would like to use. The buyer can back out of the contract WITHIN THE INSPECTION CONTINGENCY period for whatever reason they want to give as to what they don't like about your house. It's up to you whether you want to "fix" that reason or not if it is something you can fix/change. The buyer does not like the fact that your furnace does not perform well. They want a new one. If you want to sell your house to this buyer, you need to give them a new furnace.

Originally Posted by wer3angels

We have no doubt this escapade is a case of fraud (collusion).

You said yourself that TWO home inspections found that the furnace needs help!! How is this an "escapade" OR "fraud"?? The buyer is being smart and protecting their interests. They could have just taken ONE inspection and said "I want a new furnace." but for whatever reason there are TWO inspections and then they still asked their friend to look at it to see if the inspectors are really right that something is wrong with the furnace.

Originally Posted by wer3angels

Can the buyer actually back out because we are not giving him something he and his buddy concocted?

Concocted???? See YOUR OWN WORDS in the second line in your post.

Goodness...

[wer3angels]

Originally Posted by CAlandlords

This right here SAYS that your furnace does not run well, or properly or whatever term you would like to use. The buyer can back out of the contract WITHIN THE INSPECTION CONTINGENCY period for whatever reason they want to give as to what they don't like about your house. It's up to you whether you want to "fix" that reason or not if it is something you can fix/change. The buyer does not like the fact that your furnace does not perform well. They want a new one. If you want to sell your house to this buyer, you need to give them a new furnace.




You said yourself that TWO home inspections found that the furnace needs help!! How is this an "escapade" OR "fraud"?? The buyer is being smart and protecting their interests. They could have just taken ONE inspection and said "I want a new furnace." but for whatever reason there are TWO inspections and then they still asked their friend to look at it to see if the inspectors are really right that something is wrong with the furnace.



Concocted???? See YOUR OWN WORDS in the second line in your post.

Goodness...

Furnace needed cleaned, inspected and an adjustment. Not sure how you or he calculated that to mean NEW. When he walked in the door the furnace was 19 years old, that didn't change after he viewed the house the next few times or even after 2 inspections. It only changed when his dad told him he is paying too much for the house and wanted to find a way to get out of the deal. (This is not the first thing he twisted and turned the words, just the only thing he had a friend in the heating business to perform fraud with.)

I did hire a real estate attorney today and after reviewing the sale agreement, there will be a case against him and his buddy (and the company his buddy works for).

Stay Tuned

[HomeGuru]

You did not answer my question.

[CAlandlords]

Originally Posted by wer3angels

Furnace needed cleaned, inspected and an adjustment. Not sure how you or he calculated that to mean NEW. When he walked in the door the furnace was 19 years old, that didn't change after he viewed the house the next few times or even after 2 inspections. It only changed when his dad told him he is paying too much for the house and wanted to find a way to get out of the deal. (This is not the first thing he twisted and turned the words, just the only thing he had a friend in the heating business to perform fraud with.)

I did hire a real estate attorney today and after reviewing the sale agreement, there will be a case against him and his buddy (and the company his buddy works for).

Stay Tuned

I did not calculate anything to mean new. I simply pointed out that you yourself said the furnace needed adjustment as confirmed by 2 inspections prior to the HVAC friend. I also stated that the buyer can ask for what they want. None of your response changes the fact that a buyer can ask for just about anything and back out for just about any reason within the contingency period. Based on all the information you have given so far, there is no fraud.

Good luck with your attorney.