Furnace needed to be replaced

[TOMM]

What is the name of your state? Minnesota
My wife and I signed a Purchase Agreement as the sellers on 12/04/06 and the buyer issued an Amendment to Purchase Agreement (12/06/07) requesting the furnace be serviced and cleaned by a licensed Heating Contractor prior to closing (12/15/06).
We agreed and had a contractor come in and service our furnace (12/07/06). He pulled out the heat exchanger and found a 2" long crack in the back of it. He said that by law he could not put it back in and we would have to get a totally new furnace installed. At that point of the day it was 3 degrees above zero outside. We had to replace the furnace. We contacted the buyer's agent and requested the buyer perhaps split half the cost of the new furnace with us. She refused, and threatened to sue us if we did not show up at the closing on 12/15/06. Do we have any other legal options? We realize that our P.A. states "all appliance will be in working condition", but then again the buyer is getting something that was not represented on our agreed upon selling price at the time the P.A. was signed. A brand new furnace with a 20 yr. warranty.

[nextwife]

And HOW did your home inspector miss a crack like that?

[CraigFL]

Those kind of things happen all the time. Unfortunately, there is not much you can do about it. Have you asked your heating contracor if there is a deduct for a 30 day warranty instead of the 20 years?

[lcannister]

Originally Posted by TOMM

. She refused, and threatened to sue us if we did not show up at the closing on 12/15/06.

So would I!

[PghREA]

Originally Posted by TOMM

What is the name of your state? Minnesota
We realize that our P.A. states "all appliance will be in working condition", but then again the buyer is getting something that was not represented on our agreed upon selling price at the time the P.A. was signed. A brand new furnace with a 20 yr. warranty.

A furnace is not an appliance. It is part of the HVAC system. The main guts of the heating system is the heat exchanger. If it has a crack it needs to be replaced. Your P.A.
assumes that the furnace was in working order. Apparently the home inspector felt that there was a problem and recommended that the furnace be cleaned and checked by a qualified technician. So in a nutshell, the furnace was not in working order. You replaced it, it is now in working order and you have fulfilled the terms of the contract.

[IndianaOwner]

I feel for you that the buyer was not willing to go halfsies on this with you. That would have been fair.

However, this is one of the risks between signing the P.A. and closing --- the condition of the property may change and require a repair.

[lcannister]

Originally Posted by IndianaOwner

I feel for you that the buyer was not willing to go halfsies on this with you. That would have been fair.

Please, I am serious, why does everyone think the purchaser should have split the cost of the furnace or paid a dime toward the furnace?

and

If the buyer's were in the home 2 weeks and the furnace failed (just a normal old pooped out death without warning) would everyone think the seller should be responsible for the replacement/repair?

[TOMM]

Originally Posted by lcannister

Please, I am serious, why does everyone think the purchaser should have split the cost of the furnace or paid a dime toward the furnace?

and

If the buyer's were in the home 2 weeks and the furnace failed (just a normal old pooped out death without warning) would everyone think the seller should be responsible for the replacement/repair?

We paid for half of the buyer's Home Service Plus Warranty which would have covered the cost of replacing the furnace after the closing date. The problem is that on the day we had a contractor inspect & service it, it was 3 degrees above zero. The HVAC technician did not detect any carbon monoxide leakage, and stated that with a small crack like the heat exchanger had and that it did not at this time go all the way thru, the unit could last a week, or it could last a year. We chose to replace it for our own protection, as well as the potential buyer's safety. I believe that we did the right, as well as responsible thing. Its just to bad that some people seize those types of opportunities and take advantage of it at someone elses expense. Sure, its all legal, but is it fair and honorable? I can honestly say that if the shoe were on the other foot, we would have agreed to split the cost.