Seller believes they fulfilled Post Inspection Addendum Request - Owe's nothing.

[rgrace1316]

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

Do i have a Small Claims case? We closed on our house March 1st of this year. Per the post inspection addendum we requested the HVAC be cleaned and repaired to working condition. We never received a receipt of the work completed like we did for the other items on the list which were addressed. (Termite Report from third party pest control). We recently turned the A/C on early this month and the coldest air it was blowing was 75*. We called a HVAC specialist and he determined there is likely a leak and the unit was approximately 4 pounds light on Freon. We did not have it in our budget to determine the source or location of the leak at that time. His professional opinion was that any legitmate HVAC person would have been able to determine there was a leak and the unit was low on Freon through an inspection/repair. The House Inspector was not able to test the Freon levels during his inspection because of regulations/laws with handling Freon. However, he did say he agreed with the HVAC person that this should have been recognized and was not likely a leak developed in the last 30 days due to the levels of Freon. He said he felt like we did have recourse in this matter. Additionally, any time it rains we have water pooling in our basement. It has been this way since we bought our house. On the disclosure agreement it was checked "NO" to any knowledge of water leaks in the basement. There is no way in the 6 months the previous owner had the house they did not experience water leaks. It does not matter how heavy the rain is or how light it rains... water comes in. I appreciate your answers and expertise.

 

[Zigner]

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

Do i have a Small Claims case? We closed on our house March 1st of this year. Per the post inspection addendum we requested the HVAC be cleaned and repaired to working condition. We never received a receipt of the work completed like we did for the other items on the list which were addressed. (Termite Report from third party pest control). We recently turned the A/C on early this month and the coldest air it was blowing was 75*. We called a HVAC specialist and he determined there is likely a leak and the unit was approximately 4 pounds light on Freon. We did not have it in our budget to determine the source or location of the leak at that time. His professional opinion was that any legitmate HVAC person would have been able to determine there was a leak and the unit was low on Freon through an inspection/repair. The House Inspector was not able to test the Freon levels during his inspection because of regulations/laws with handling Freon. However, he did say he agreed with the HVAC person that this should have been recognized and was not likely a leak developed in the last 30 days due to the levels of Freon. He said he felt like we did have recourse in this matter. Additionally, any time it rains we have water pooling in our basement. It has been this way since we bought our house. On the disclosure agreement it was checked "NO" to any knowledge of water leaks in the basement. There is no way in the 6 months the previous owner had the house they did not experience water leaks. It does not matter how heavy the rain is or how light it rains... water comes in. I appreciate your answers and expertise.

Do you have quotes on the cost to repair the issues you are concerned about?

 

[FarmerJ]

About the water in the basement , how flat is the ground right near the house ? are there any so called stained areas where you can get pics of say older water marks ? or things like deterioration on say a wood support post? or places where painted blocks (if block walls) have a lot of scaling built up ( you know how paint bubble marks ?) any other places with say staining that shows with pictures being taken ? evidence of cracks having been filled on the inside of the basement recently ? I don't know what to say about the a/c I guess it may have been a good choice to have your offer worded that you were to get a written report about it ( contingency) so on that one you might want to use the links above and speak to a attorney.

 

[rgrace1316]

About the water in the basement , how flat is the ground right near the house ? are there any so called stained areas where you can get pics of say older water marks ? or things like deterioration on say a wood support post? or places where painted blocks (if block walls) have a lot of scaling built up ( you know how paint bubble marks ?) any other places with say staining that shows with pictures being taken ? evidence of cracks having been filled on the inside of the basement recently ? I don't know what to say about the a/c I guess it may have been a good choice to have your offer worded that you were to get a written report about it ( contingency) so on that one you might want to use the links above and speak to a attorney.

A new driveway was poured and water pools near the glass block windows in one area outside. Water comes in along this entire wall however. The basement floor was painted so there were no tell signs of previous water damage. The walls were also painted so no obvious signs of water leaks when we walked through.

My concern with the A/C is that it is the previous sellers "word" that it was serviced/repaired properly. If there is no evidence it was indeed serviced appropriately how would he support his claim? I understand my 5 year old son could create an illegitmate invoice with dates changed, etc. on it and word it to appear the work was completed as requested. So, i'm not holding out much hope that what he provides me per my request recently will be valid.

 

[rgrace1316]

Do you have quotes on the cost to repair the issues you are concerned about?

$431.00 is what it cost to recharge the unit and balance.

$159.95 to use digital leak check tool to determine where leak is coming from.

Unknown cost to repair once the leak is found.

I know in Ohio that Small Claims Court maximum is $3000.00.

I'm not trying to replace the entire unit, i just want it to work as requested in our Post Inspectiong Addendum.

 

[Zigner]

$431.00 is what it cost to recharge the unit and balance.

$159.95 to use digital leak check tool to determine where leak is coming from.

Unknown cost to repair once the leak is found.

I know in Ohio that Small Claims Court maximum is $3000.00.

I'm not trying to replace the entire unit, i just want it to work as requested in our Post Inspectiong Addendum.

But what about the leaks?

 

[rgrace1316]

But what about the leaks?

I have not gotten a cost to water proof/repair the cracks. Ultimately, my question is Do i have a Small Claims Case or a Case at all? For both the A/C and/or the basement leaks not being disclosed? If the seller is not willing to reimburse me for service already done on the A/C unit, i am certain he isn't going to pay for the basement water leaks to be repaired. Universally, do i have a legitimate case for either option?

 

[Zigner]

I have not gotten a cost to water proof/repair the cracks. Ultimately, my question is Do i have a Small Claims Case or a Case at all? For both the A/C and/or the basement leaks not being disclosed? If the seller is not willing to reimburse me for service already done on the A/C unit, i am certain he isn't going to pay for the basement water leaks to be repaired. Universally, do i have a legitimate case for either option?

I think the A/C case is going to be hard to prove. The leaks may be hard to prove also. You don't have a slam-dunk case.

 

[Gail in Georgia]

Wait a sec...

" We called a HVAC specialist and he determined there is likely a leak and the unit was approximately 4 pounds light on Freon."

Your own HVAC specialist couldn't guarantee there was a leak and this is when it is much warmer in your state and the air is needed (as opposed to work supposed down in February when even turning on the unit for air conditioning would have been useless).

"His professional opinion was that any legitmate HVAC person would have been able to determine there was a leak and the unit was low on Freon through an inspection/repair."

Again, wait a sec...your own HVAC guy couldn't guarantee a leak and now he's saying any legitimate HVAC person would have been able to determine there was a leak? Who is this guy?

"The Home Inspector.... However, he did say he agreed with the HVAC person that this should have been recognized and was not likely a leak developed in the last 30 days due to the levels of Freon."

This is untrue. You've got a couple of idiots giving you such information.

You have nothing legitimate you can prove to a court of law here. Give it up.

Gail

 

[justalayman]

There are only two ways you end up with a low refrigerant charge once it is charged;

Somebody let some out (highly unlikely)

There is a leak


If the unit was charged properly not long ago and now it isn't, there is a leak. It cost time and money to find leaks, especially a small leak.

So, a month ago part of the contracted terms was the ac cleaned and brought up to proper working condition.

Either nothing was done or if it was and the unit was checked for charge and charged if needed, there is a leak that was not repaired


Either way I believe the op has a good case that the terms of the contract were not met.

 

[FlyingRon]

The time to challenge that the repairs were not made was prior to closing. Once you've closed you've pretty much accepted the property as it is barring something intentionally hidden.
You might see if the contractor who did the "repair" has something to offer you.