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defective HVAC

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What is the name of your state? Maryland

I just moved in my new house and decided to get a maintenance contract for my furnace and AC. The contractor who came to inspect and clean up the furnace found a crack in the heat exchanger and therefore refused to sign a maintenance contract with us. His findings were confirmed by another technician.
The crack pauses a safety risk and both technicians condemned the furnace.

In the sales contract, the seller who sold the house "as is" however warrantied that the exisiting cooling and heating systems were in normal working order as of the possession date (the seller is a licensed HVAC contractor).

In addition, one of the contigencies was a full HVAC check and clean up. The seller provided us with an invoice which stated that the check/ clean up had been performed. However, both technicians who inspected the furnace emphasized the fact that it was very dirty and not cleaned for a long time (certainly not a week prior to their inspection).

I want to ask the seller to pay for the new furnace -- is that fair ? What is my recourse ?



Was the invoice the Seller provided from an independent, licensed HVAC inspector who had no previous relationship or personal interest with the Seller?

You might compose a letter with your request to the seller and his real estate agent and send by registered mail, return receipt. Give X number of days for a response, and indicate in the letter that if you do not receive a response by that date, you will commence action in civil court. If you get no response, file the complaint in the court, citing breach of contract.

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