A/C Unit Non-working on newly purchased home, advice?

[Cainlord]

What is the name of your state? North Dakota

Hello. We recently purchased our first home and upon attempting to use our A/C unit for the first time the system would not cool. I contacted a local repair unit here with a great reputation for quality and they advised me that the unit was extremely low on freon and due to this fact, the technician advised me that he believe the system most likely had to be recharged on a regular basis which implies an issue that the seller would have prior knowledge of.

We contacted the seller with our findings and were advised by them that they would not cover the cost of the repair.

Based on the information we have from the technician, would we have a case in small claims court?

Thank you.

[HomeGuru]

Originally Posted by Cainlord

What is the name of your state? North Dakota

Hello. We recently purchased our first home and upon attempting to use our A/C unit for the first time the system would not cool. I contacted a local repair unit here with a great reputation for quality and they advised me that the unit was extremely low on freon and due to this fact, the technician advised me that he believe the system most likely had to be recharged on a regular basis which implies an issue that the seller would have prior knowledge of.

We contacted the seller with our findings and were advised by them that they would cover the cost of the repair.

Based on the information we have from the technician, would we have a case in small claims court?

Thank you.

**A; if the seller will cover the cost of the repair, why are you asking about a small claims case? And why did you not have a home inspection and also test the AC unit during your final walk-through prior to closing?

[Samm1970]

I've had luck treating these situations this way.

Write the seller a letter explaining the problem and what evidence exists that the problem was pre-existing. Include any supporting documentation, letter from contractor, copy of bill or estimate of labor/materials to remidy etc... Remind them of their responsibility of seller disclosure and that they failed to meet that responsibility. Explain to them that you do not wish to take legal action and acknowledge that you are certain they would not want to either. State that it is in yours and their best interest to settle out of court. Give them a specific amount of time to respond. If they do not respond within that time, advise them that you may have no choice but to pursue legal action for the full cost plus legal fees. Be respectful and polite.

9 times out of 10, people want avoid going to court and they'll settle. If necessary, give them some additional incentive to settle. Maybe acknowledge your failure to test the system prior to closing and agree to cover part of the expense.

[Cainlord]

I corrected what I stated originally. I meant to say that the seller is not going to pay to fix the problem.

We had a home inspection done earlier when we agreed to purchase the home but couldn't move in to the home till 2 months later. As for another inspection, we never thought of having that done (we had a real estate agent representing us and he never metioned a secondary inspection as well ) and in our walkthrough we didn't think to physically turn on the system as the seller was still moving things in and out of the house at the time.

Based on what I stated above that we have an A/C technician who has stated that he believes the system had a pre-existing issue based on how low the freon was, do we have a case in small claims court?

[HomeGuru]

Originally Posted by Cainlord

I corrected what I stated originally. I meant to say that the seller is not going to pay to fix the problem.

We had a home inspection done earlier when we agreed to purchase the home but couldn't move in to the home till 2 months later. As for another inspection, we never thought of having that done (we had a real estate agent representing us and he never metioned a secondary inspection as well ) and in our walkthrough we didn't think to physically turn on the system as the seller was still moving things in and out of the house at the time.

**A: poor excuse. Even if the Seller was in the process of moving, you could have still turned on the AC and let it run of awahile. Call your Realtor and ask for help.
*******

Based on what I stated above that we have an A/C technician who has stated that he believes the system had a pre-existing issue based on how low the freon was, do we have a case in small claims court?

**A: maybe.

[Cainlord]

Update:

Sent out the letter in the format recommended here. Hopefully will receive a positive response or at least a partial offer for reimbursement. Even if we get nothing, at least we are out only $650 est. Could be worse looking at some of the stuff posted on here.

[HomeGuru]

Originally Posted by Cainlord

Update:

Sent out the letter in the format recommended here. Hopefully will receive a positive response or at least a partial offer for reimbursement. Even if we get nothing, at least we are out only $650 est. Could be worse looking at some of the stuff posted on here.

**A: that's good.