Suing a business for inspection/service

[LADL]

We just bought a home in September 2019. We had an inspection done and it was determine that the HVAC system has not been service for a very long time. As part of the closing agreement, we requested the previous homeowners to have the entire system service. They provided a receipt from the business that service the system that it was service. Nothing else was noted. We moved in on September 11th, and on September 26 we heard a loud noice, turns out the blower broke. We called another company to check the unit and as soon as he open the system he clearly notice that there was a huge mold problem. It was so bad that we had to replace the entire system and do a major cleaning and inspection of our ducks. The whole thing ended up costing us $8,101. Do we have any legal dispute we can take against the business that was asked to do maintenance on the system in the first place? The business that resolve the issue said that it was very obvious as soon as he open the system and should had caught the first time.

 

[quincy]

What is the name of your state?

 

[Taxing Matters]

In what state is your home located? You might have a good claim to bring against both the seller and the firm they hired for the inspection.

 

[LADL]

What is the name of your state?

Hello, the state is Florida.

 

[quincy]

LADL, why didn’t your own inspector discover and disclose that there was mold?

 

[FlyingRon]

You don't know what the seller contracted with the service company to do. Looking through ducts (I assume you don't have canards running around in the house) is not usually part of furnace service. You want ducts inspected/cleaned, that's a separate issue. Anyhow, unless he gave some sort of transferrable warranty, the seller's contractor has no responsibility to you. If you can prove that the seller knew that there was an uncorrected defect or failed to complete the service agreed to in your purchase contract, then you can pursue them.

 

[Taxing Matters]

Anyhow, unless he gave some sort of transferrable warranty, the seller's contractor has no responsibility to you.

I disagree. The details matter, of course, but it is possible that the contractor is liable under either the principle of third party beneficiary or because of negligence.

 

[quincy]

There is not enough known to say one way or the other.