Sold Home - 2 days after buyer claims they found an issue with A/C

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
pdanet
Posts: 46
Joined: Wed Feb 08, 2017 3:29 pm

Sold Home - 2 days after buyer claims they found an issue with A/C

Post by pdanet » Wed Oct 03, 2018 2:44 pm

We sold our home last week and 2 days after closing - the buyer's agent sends a message to our agent that A/C had stopped working the day before and they paid $10k to replace it with a brand new system and wants us(sellers) to reimburse.

The buyer had ordered an inspection report and only thing that. they wanted done was pest control which we hired a professional company to do the work. Everything else was fine as we presumed (as inspection report wasn't shared with us)

To our knowledge, A/C was working just fine. How come within 2 days of them moving-in A/C broke and now we are being accused of not having disclosed this issue and that, somehow the system was rigged to only work for 1-2 days past closing.

Are we liable for anything? Am letting my broker do all the talking for now but buyer has threatened to take us to civil court.

Anyone been in same shoe? What are our options?

mbres60
Posts: 850
Joined: Tue Jul 03, 2007 1:47 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by mbres60 » Wed Oct 03, 2018 2:47 pm

I have not been in that situation but did have an a/c break down where we had to buy a new one. One day it was working and the next day it was not. In our case it was losing freon. had more put in and a couple of days later that was gone. Did they tell you what the problem was with the unit? Either way I would think they would have to prove you knew about the unit not working properly.

User avatar
Alexa9
Posts: 1630
Joined: Tue Aug 30, 2016 9:41 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Alexa9 » Wed Oct 03, 2018 2:48 pm

That's what a home inspector is for. I think you have a strong case if they want to go to court.

livesoft
Posts: 62776
Joined: Thu Mar 01, 2007 8:00 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by livesoft » Wed Oct 03, 2018 2:50 pm

I've not been in that situation, but if the facts are as you stated and the inspection showed no HVAC problems, then go to court.

Also, one cannot usually get a full AC replaced in a day or so. Maybe the new owner's have a brother-in-law who is an HVAC guy and they did the same thing on the previous home they bought, too.

Let me ask one more question: "To our knowledge ..." is not the same thing as you living in the home and running the AC these past few months. When was the last time you were in the home and ran the AC for more than 3 days in a row?

Plus, the home must be special because $10,000 for an AC is outrageous.
Last edited by livesoft on Wed Oct 03, 2018 2:54 pm, edited 2 times in total.
Wiki This signature message sponsored by sscritic: Learn to fish.

User avatar
vineviz
Posts: 1988
Joined: Tue May 15, 2018 1:55 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by vineviz » Wed Oct 03, 2018 2:53 pm

pdanet wrote:
Wed Oct 03, 2018 2:44 pm
Are we liable for anything? Am letting my broker do all the talking for now but buyer has threatened to take us to civil court.
Unless you knew the A/C was defective and concealed your knowledge, you are not liable for anything.

I hope your broker can talk them down. Most likely he or she can do that by pointing to the language in your sales contract that SPECIFICALLY says you aren't liable.

Otherwise, my advice would be to remain firm with the buyer that you will not pay. In the REMOTE chance they actually file a civil claim, you can decide whether to fight it and win OR settle for pennies on the dollar to make it go away.
"Far more money has been lost by investors preparing for corrections than has been lost in corrections themselves." ~~ Peter Lynch

Thegame14
Posts: 349
Joined: Mon May 07, 2018 11:53 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Thegame14 » Wed Oct 03, 2018 2:56 pm

even if they are telling the truth, you sold a house with a used XX years old air conditioner unit, not a brand new AC unit, so even if you owed them something, it isn't the full price of a brand new unit, as you didn't sell a house with one.

Based on their logic, then you should pay for a new roof and new appliances, and new floors, they didn't buy a brand new house, they bought a house as is, with the right to a home inspection and after that it is theirs.....

goblue100
Posts: 693
Joined: Sun Dec 01, 2013 10:31 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by goblue100 » Wed Oct 03, 2018 2:57 pm

I would tell them to go pound sand, so to speak. Nice scam to get a new AC unit. They should have bought a one year home owners warranty if they wanted stuff covered after they moved in.
Can't take it with you when you're gone | But I want enough to get there on - Rollin with the flow - Jerry Hayes

livesoft
Posts: 62776
Joined: Thu Mar 01, 2007 8:00 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by livesoft » Wed Oct 03, 2018 2:59 pm

I wouldn't tell them to pound sand. Not responding at all is what I would do at least for a while.
Wiki This signature message sponsored by sscritic: Learn to fish.

daheld
Posts: 311
Joined: Wed Sep 13, 2017 8:14 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by daheld » Wed Oct 03, 2018 3:07 pm

I would send a simple message through your broker: "No."

Then, I would say nothing. Do not respond to anything they send, unless it is a lawsuit. If they take that step it seems to me it would be without merit. You sold the house. They bought the house. The house was inspected. If you did nothing wrong you've got nothing to worry about. Even if you rigged up some junk AC unit to only work a day or two, it would, it seems to me, be exceedingly hard to prove that. I can't see how you have anything to worry about.

mhalley
Posts: 6138
Joined: Tue Nov 20, 2007 6:02 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by mhalley » Wed Oct 03, 2018 3:08 pm

What exactly was wrong with it that it needed to be replaced instead of repaired, and how old was it? I think normal HVAC lifespan is 12 years or so.

pdanet
Posts: 46
Joined: Wed Feb 08, 2017 3:29 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by pdanet » Wed Oct 03, 2018 3:21 pm

The A/C was working since we had to open the home for pest control company few days prior to closing. They wanted pest control invoice submitted few days before closing so it's more current.

Timeline:

20 days prior: Inspection done and only issue was pest control
Wed: Pest Control and A/C was working.
Wed: Pest Control invoice submitted to buyer's agent
Fri: Buyer's agent did final walk through.
Sat: Home closing
Mon: Buyer reported A/C not working

The A/C is about 14 yrs old and has new evaporator coil replaced 2 yrs ago along with Freon.

I don't know what exactly was wrong except that, A/C company advised them(sales pitch) that system was rigged to work for 1-2 days so it passes closing and to basically get with sellers for non-disclosure but in the meantime they went ahead and replaced the system and now want us to reimburse.
Last edited by pdanet on Wed Oct 03, 2018 3:29 pm, edited 2 times in total.

bob60014
Posts: 672
Joined: Mon Jul 31, 2017 8:59 pm
Location: The Land Beyond ORD

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by bob60014 » Wed Oct 03, 2018 3:25 pm

The buyer is S.O.L. in my view.

Dottie57
Posts: 4621
Joined: Thu May 19, 2016 5:43 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Dottie57 » Wed Oct 03, 2018 3:28 pm

pdanet wrote:
Wed Oct 03, 2018 3:21 pm
The A/C was working since we had to open the home for pest control company few days prior to closing. They wanted pest control invoice submitted few days before closing so it's more current.

Timeline:

20 days prior: Inspection done and only issue was pest control
Wed: Pest Control and A/C was working.
Wed: Pest Control invoice submitted to buyer's agent
Fri: Buyer's agent did final walk through.
Sat: Home closing
Mon: Buyer reported A/C not working

The A/C is about 14 yrs old and has new evaporator coil replaced 2 yrs ago along with Freon.

I don't know what exactly was wrong except that, A/C company advised them(sales pitch) that system was rigged to work for 1-2 days so it passes closing and to basically get with sellers for non-disclosure but in the meantime they went ahead and replaced the system and now want us to reimburse.
Of course they have pictures, right? To show how it was rigged up? They have no proof. It is a scam.

ponyboy
Posts: 588
Joined: Fri Feb 06, 2015 10:39 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by ponyboy » Wed Oct 03, 2018 3:28 pm

You arent liable...get a grip. They're looking for a hand out. They're scam artists. Im sure they've done something similar to this before and made off with some cash.

On a side note...just another reason to always have a buying party sign an AS-IS document. I always do this when I sell a car. If it breaks 2 minutes after they own it...not my problem. Isnt really my problem either way...just another added layer of a legal binding document.

livesoft
Posts: 62776
Joined: Thu Mar 01, 2007 8:00 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by livesoft » Wed Oct 03, 2018 3:28 pm

They got taken to the cleaners by the HVAC company. Not your problem.
Wiki This signature message sponsored by sscritic: Learn to fish.

pdanet
Posts: 46
Joined: Wed Feb 08, 2017 3:29 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by pdanet » Wed Oct 03, 2018 3:29 pm

livesoft wrote:
Wed Oct 03, 2018 3:28 pm
They got taken to the cleaners by the HVAC company. Not your problem.
Possibly. Am baffled how they can change the entire A/C unit in 2 days plus they have to convert from Freon to R-410A as R-22(Freon) is being phased out.

mhalley
Posts: 6138
Joined: Tue Nov 20, 2007 6:02 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by mhalley » Wed Oct 03, 2018 3:30 pm

If the hvac salesman told them that, sounds like one of those legal thingys (slander?) IANAL.

User avatar
8foot7
Posts: 808
Joined: Mon Jan 05, 2015 7:29 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by 8foot7 » Wed Oct 03, 2018 3:30 pm

Not every demand requires a response. In this case I probably wouldn’t even bother responding. You owe them nothing. But if I did, it would be one word—no.

Big Dog
Posts: 875
Joined: Mon Sep 07, 2015 4:12 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Big Dog » Wed Oct 03, 2018 3:31 pm

any claim would be against the home inspector if they failed to check the ac & furnace. Moreover, you are definitely not liable for a complete new unit. heck, 'stopped working' could have just been a blown fuse.
you sold a house with a used XX years old air conditioner unit, not a brand new AC unit, so even if you owed them something, it isn't the full price of a brand new unit, as you didn't sell a house with one.
Exactly. If your house had a brand new a/c unit, you would have raised the asking price by $10k.
Last edited by Big Dog on Wed Oct 03, 2018 3:34 pm, edited 1 time in total.

jminv
Posts: 575
Joined: Tue Jan 02, 2018 10:58 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by jminv » Wed Oct 03, 2018 3:33 pm

Don’t pay.

They had a home inspection, found no problems, and on the day after they moved in the ac (supposedly) stopped working ie once everything that goes wrong is now their problem, not yours.

Replacing an ac that fast is suspect, too. Plus the day after they close it breaks? They might have just wanted a new unit and are trying to stick you with the bill. Sounds like they are potential scam artists.

They need to look to their home inspector for any damages, not you.

Had similar issues once with my own house and twice with parents. Refused to pay and that was it. The one that was especially persistent hadn’t (supposedly) realized it was a private street, although it was clearly disclosed along with the potential fees for repairs/improvements. Couple months after they moved in it was decided by a vote of the homeowners to repave and cost each house 10k. Another house was about a roof they decided they needed to replace after moving in. Buyers remorse issues. Neither had any grounds which our realtor told theirs and theirs eventually got their client to give up. There are perils to being a home owner and if what they said is true it’s an expensive lesson not to be taken by an hvac salesman otherwise it’ll be a lesson that not every home seller is a sucker for this sort of scam (pay for that new unit I wanted).
Last edited by jminv on Wed Oct 03, 2018 3:36 pm, edited 1 time in total.

Rupert
Posts: 3722
Joined: Fri Aug 17, 2012 12:01 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Rupert » Wed Oct 03, 2018 3:35 pm

pdanet wrote:
Wed Oct 03, 2018 3:29 pm
livesoft wrote:
Wed Oct 03, 2018 3:28 pm
They got taken to the cleaners by the HVAC company. Not your problem.
Possibly. Am baffled how they can change the entire A/C unit in 2 days plus they have to convert from Freon to R-410A as R-22(Freon) is being phased out.
I agree. My AC broke recently and it took almost a week just to get estimates for a replacement unit. If I were you, I wouldn't communicate with these people at all anymore, even through an agent.

User avatar
indexfundfan
Posts: 2255
Joined: Tue Feb 20, 2007 11:21 am
Contact:

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by indexfundfan » Wed Oct 03, 2018 3:38 pm

Did you pay for a home warranty? Sometimes a seller would pay for a home warranty as part of the contract.
My signature has been deleted.

Wakefield1
Posts: 857
Joined: Mon Nov 14, 2016 10:10 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Wakefield1 » Wed Oct 03, 2018 3:39 pm

It would be interesting to be able to access the old house to see if the AC system has even actually been replaced as claimed.
Slick AC contractor or slick home buyer? Looking for free $10,000.?
If the AC actually stopped working was it some small problem that was repaired and the charge made for an entire new installation?
I guess there isn't such a thing as a retroactive home inspector

renue74
Posts: 1185
Joined: Tue Apr 07, 2015 7:24 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by renue74 » Wed Oct 03, 2018 3:43 pm

In our state, there is a legal document seller disclosure form....

"To my knowlegdge, .... blah, blah, blah" about each mechanical and foundation item in the house. HVAC is one of them.

Basically, asking do you know if the HVAC system is broken or not.

I buy a lot of rental houses and 99% of the time, the seller indicates: "No Representation"

Which basically means, I don't know and can't say Yes or No.

If you did that with a disclosure, then you are fine.

If they had the inspection and the inspector said it was fine...it's proof nobody knew of any potential issues. In my opinion, most home inspections really suck unless the issue is majorly glaring. I've never seen a home inspector who would actually really do any amount of plausible detail. They just aren't equipped to do so. They'll turn the HVAC system on for a few minutes and that's their assessment.

I would ignore it. It's fishy they did the install so quickly and didn't alert you before doing so.

Creditcardguy
Posts: 31
Joined: Fri May 25, 2018 7:23 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Creditcardguy » Wed Oct 03, 2018 3:56 pm

When I moved into my new to me house in July 2009 both my A/C's were blowing hot. Come to find out the owner had pumped em with freon the day before the home inspection. Since the home inspector didn't find anything wrong I didn't buy the 1 year warranty - a $3000 lesson as I had to get new coils in both units the next day, it was 90 degrees.

I had no recourse, even though the seller screwed me, I should have bought the warranty. I did call the seller but he said both units were working fine the day before. :shock:

Short version, the buyer should have bought the home warranty. You are not responsible once the sale is complete. At least in Louisiana.

arsenalfan
Posts: 659
Joined: Mon Dec 09, 2013 12:26 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by arsenalfan » Wed Oct 03, 2018 3:58 pm

caveat emptor.
Have your realtor tell their realtor no.

User avatar
FIREchief
Posts: 2721
Joined: Fri Aug 19, 2016 6:40 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by FIREchief » Wed Oct 03, 2018 4:02 pm

I would think that the buyer would have to prove to a court that the unit had stopped working. The mere fact that they installed a replacement system does not prove that the old system had quit working and/or was not repairable. Some people will replace a functioning system with a new system to obtain higher efficiency which may, in some cases, allow the new system to "pay for itself." Many variables, but the burden of proof lies entirely with the buyer. See my signature.
I am not a lawyer, accountant or financial advisor. Any advice or suggestions that I may provide shall be considered for entertainment purposes only.

User avatar
bottlecap
Posts: 5855
Joined: Tue Mar 06, 2007 11:21 pm
Location: Tennessee

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by bottlecap » Wed Oct 03, 2018 4:05 pm

"2 days after closing". You win. Unless they can show you knew there was an issue before closing.

And obviously, your state law matters, but this is just tough luck on their part. They can either buy new or get a home warranty. They did not.

JT

Kennedy
Posts: 136
Joined: Mon Nov 10, 2014 2:47 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Kennedy » Wed Oct 03, 2018 4:16 pm

No, no, no, no! Unless you knew there was a problem with the AC and failed to disclose the same, you have no further obligation to the buyer.

User avatar
dm200
Posts: 18743
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Wed Oct 03, 2018 4:21 pm

pdanet wrote:
Wed Oct 03, 2018 2:44 pm
We sold our home last week and 2 days after closing - the buyer's agent sends a message to our agent that A/C had stopped working the day before and they paid $10k to replace it with a brand new system and wants us(sellers) to reimburse.

The buyer had ordered an inspection report and only thing that. they wanted done was pest control which we hired a professional company to do the work. Everything else was fine as we presumed (as inspection report wasn't shared with us)

To our knowledge, A/C was working just fine. How come within 2 days of them moving-in A/C broke and now we are being accused of not having disclosed this issue and that, somehow the system was rigged to only work for 1-2 days past closing.

Are we liable for anything? Am letting my broker do all the talking for now but buyer has threatened to take us to civil court.

Anyone been in same shoe? What are our options?
Fortunately, never had this experience.

Maybe it can be done, but I did not know an AC system could be so "rigged".

Even if you had done so, or done anything else "wrong" - by choosing to immediately replace the unit - and spend $10k - the evidence seems to have been destroyed. How "convenient" for the buyer!!

Trying to put myself in the shoes of a buyer, and the AC failed 2 days after closing - and I even suspected bad faith" I would engage an AC expert to diagnose the problem. This narrative seems to have many aspects of some sort of "scam". Might a contractor be the scammer?

How old was the unit and/or various components? When was it last serviced and for what?

User avatar
snackdog
Posts: 342
Joined: Wed Nov 12, 2014 4:57 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by snackdog » Wed Oct 03, 2018 4:25 pm

Legal issues related to a home sale can sink your finances really fast. Talk to an experienced local real estate attorney.

retiredjg
Posts: 34154
Joined: Thu Jan 10, 2008 12:56 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by retiredjg » Wed Oct 03, 2018 4:28 pm

Just in case you do end up in court....presumably the house was on the market for a little bit. Since it is now the end of summer, it seems the house was probably on the market during the summer.

Your agent should have some records of when and how many times the house was shown. Your agent should have some idea of whether the a/c was working on those days. Even if your agent was not at every showing, the other showing agents probably would have contacted your agent if something seemed out of the ordinary (like the a/c is not working).

I'd go ahead and get that documentation now even if you never need it.

User avatar
unclescrooge
Posts: 2593
Joined: Thu Jun 07, 2012 7:00 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by unclescrooge » Wed Oct 03, 2018 4:29 pm

goblue100 wrote:
Wed Oct 03, 2018 2:57 pm
I would tell them to go pound sand, so to speak. Nice scam to get a new AC unit. They should have bought a one year home owners warranty if they wanted stuff covered after they moved in.
Or the buyers agent should've written it in the contract to be covered by seller.

Too bad.

retiredjg
Posts: 34154
Joined: Thu Jan 10, 2008 12:56 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by retiredjg » Wed Oct 03, 2018 4:29 pm

Creditcardguy wrote:
Wed Oct 03, 2018 3:56 pm
Come to find out the owner had pumped em with freon the day before the home inspection.
How did you find out?

barnaclebob
Posts: 3021
Joined: Thu Aug 09, 2012 10:54 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by barnaclebob » Wed Oct 03, 2018 4:30 pm

Tell your real estate agent that you have no idea what they are talking about and to ignore it. If they want to try to sue you they can but they wont because they don't have any proof. Not only would they have to prove the issue existed before closing, they would also have to prove you knew about this issue.

First hand from a coworker (the seller) is the only time I've heard of a seller having to pay a buyer after closing. Sellers heating oil tank had a crack or something. Servicing company told seller a few years ago about the problem, seller didn't disclose. Buyer calls the same company, company says they told the seller about it. Seller paid $$$ for a new tank voluntarily after receiving a nastygram from buyers.
Last edited by barnaclebob on Wed Oct 03, 2018 4:40 pm, edited 2 times in total.

2015
Posts: 2067
Joined: Mon Feb 10, 2014 2:32 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by 2015 » Wed Oct 03, 2018 4:36 pm

indexfundfan wrote:
Wed Oct 03, 2018 3:38 pm
Did you pay for a home warranty? Sometimes a seller would pay for a home warranty as part of the contract.
This. As seller I paid for a home warranty for my buyers as I wanted to avoid the very situation OP speaks of. Now as a buyer elsewhere the seller is doing the same for me. I've been pleasantly surprised to learn the home warranty provided for me as buyer is quite extensive.

carolinaman
Posts: 3280
Joined: Wed Dec 28, 2011 9:56 am
Location: North Carolina

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by carolinaman » Wed Oct 03, 2018 4:37 pm

Since their agent worked through your agent, I would let your agent know that you had no knowledge of this and per the sales contract, it is not your responsibility. Hopefully, that will be the end of it. But if they persist, you may need to check with an attorney. However, based on what you are saying, you seem to have a very strong position.

User avatar
dm200
Posts: 18743
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Wed Oct 03, 2018 4:47 pm

Creditcardguy wrote:
Wed Oct 03, 2018 3:56 pm
When I moved into my new to me house in July 2009 both my A/C's were blowing hot. Come to find out the owner had pumped em with freon the day before the home inspection. Since the home inspector didn't find anything wrong I didn't buy the 1 year warranty - a $3000 lesson as I had to get new coils in both units the next day, it was 90 degrees.

I had no recourse, even though the seller screwed me, I should have bought the warranty. I did call the seller but he said both units were working fine the day before. :shock:

Short version, the buyer should have bought the home warranty. You are not responsible once the sale is complete. At least in Louisiana.
Yes - I suppose that would be a very "questionable" practice.

michaeljc70
Posts: 3746
Joined: Thu Oct 15, 2015 3:53 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by michaeljc70 » Wed Oct 03, 2018 4:57 pm

Did they do a walk through on the closing day (or day before) as is customary (at least here it is)? To get the money, they would have to sue you and win. Winning would require they prove the AC didn't work at closing which seems almost impossible to do.

As a side comment not applicable to this situation, my father sold my grandfather's house last year. The closing was delayed a week due to buyer bank issues. After they did close, they moved in two days later and there was water damage in the kitchen. My father filed an insurance claim and State Farm got the water records to determine when the problem occurred and paid the claim since it was before closing.

flyfishing
Posts: 9
Joined: Wed Nov 15, 2017 8:53 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by flyfishing » Wed Oct 03, 2018 4:59 pm

Come on split the cost with them. Forget about the legal issue and who to sue- How about moral conscious.

User avatar
dm200
Posts: 18743
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Wed Oct 03, 2018 5:07 pm

flyfishing wrote:
Wed Oct 03, 2018 4:59 pm
Come on split the cost with them. Forget about the legal issue and who to sue- How about moral conscious.
I might agree if this was exactly as stated. However, this sequence seems odd to me. The evidence (old unit) seems to have disappeared very, very quickly.

Nate79
Posts: 3572
Joined: Thu Aug 11, 2016 6:24 pm
Location: Delaware

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Nate79 » Wed Oct 03, 2018 5:09 pm

flyfishing wrote:
Wed Oct 03, 2018 4:59 pm
Come on split the cost with them. Forget about the legal issue and who to sue- How about moral conscious.
You have got to be kidding. There is ZERO moral obligation by the OP to buy the new buyers a new HVAC. Things break. They get fixed. If the fridge breaks 3, 4, 6, 10, .. months from now should they also pony up?

Nope. Say no. Move on. Ignore.

randomguy
Posts: 6469
Joined: Wed Sep 17, 2014 9:00 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by randomguy » Wed Oct 03, 2018 5:10 pm

8foot7 wrote:
Wed Oct 03, 2018 3:30 pm
Not every demand requires a response. In this case I probably wouldn’t even bother responding. You owe them nothing. But if I did, it would be one word—no.
Probably ben a good idea to know your legal standing before this happens. If you used a real estate agent, the should be able to give guidance. Or pay for an hour of a lawyers time. The buyers could be scammers (i.e. you drive by the the old AC is working. They bought a 6k system for 10k and splitting it with their friend,...) or just feel exploited (AC really did break. Over hundred thousand homes, somebody is going to have something break the day after they move in). Sometimes being hostile results in escalation. If you end up in court, it is a losing situation for you no matter what.

randomguy
Posts: 6469
Joined: Wed Sep 17, 2014 9:00 am

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by randomguy » Wed Oct 03, 2018 5:13 pm

flyfishing wrote:
Wed Oct 03, 2018 4:59 pm
Come on split the cost with them. Forget about the legal issue and who to sue- How about moral conscious.
I would consider splitting a prorated version of the cost (figure 12 year or so lifespan) on a reasonably priced unit (i.e. did they spend an extra 5k getting an upgraded 6 zone unit versus the old 1 zone one) to make the problem go away. I would be paying them off for convenience not for moral reasons.

muddgirl
Posts: 45
Joined: Wed Aug 17, 2016 1:33 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by muddgirl » Wed Oct 03, 2018 5:15 pm

When we bought our first house the A/C went out within the first week. It didn't even occur to us to bother the seller! We knew from our home inspection that the unit was nearly 15 years old and it was factored into the price.

I think the buyer got taken for a ride by a shady HVAC contractor and they're trying to pass the buck. I ran through quite a few less-than-ethical companies in the year I babied our A/C along before we replaced it.

For the love of god don't split the cost with them, unless you somehow get equity back on the house.
Last edited by muddgirl on Thu Oct 04, 2018 5:50 pm, edited 1 time in total.

User avatar
dm200
Posts: 18743
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Wed Oct 03, 2018 5:17 pm

Maybe something as simple (and stupid) as a flipped switch or bad (and simply fixed) connection. Then, for some reason "chose" to replace the whole unit immediately?

ChrisC
Posts: 706
Joined: Tue Jun 19, 2012 9:10 am
Location: North Carolina

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by ChrisC » Wed Oct 03, 2018 5:29 pm

I've replaced so many HVAC units in houses we lived in the last 40 years that I've lost track. The systems fail and are not designed to last decades, especially if they are builder grade, cheap units installed in new home construction.

I had something similar happen in a house we called our primary residence for 18 out of 23 years we owned the house (the last 5 years of ownership we used the house as a second home/retreat). We sold the house to a young couple in 2012 and, as part of the closing, we established a credit of $10k to take care of a new roof if they wanted one and any other issues, with any remaining balance to go to them. The appliances were dated but in good working condition. Four days before closing the AC went out in July, in hot and humid weather in Virginia. We noticed this as we were moving the last pieces of personal property from the premises, and the buyers had demanded a hectic closing date so we were scrambling to meet their schedule. We had replaced this troubled AC unit several years ago and we were very familiar with the maintenance technician.

So, we arranged for the technician to repair the unit. It wasn't completely broken and he repaired it -- new motor, some Freon, etc. I think the total cost was around $500 and we thought we were doing the buyers a favor as the appliances all passed home inspection. We just wanted to avoid a walk-through issue with the buyers and wanted them to move into the house with working AC.

At closing, we asked that the $500 repair cost get deducted from credit we gave them in addition to the $7k we paid for a new roof, which they wanted. The buyers vehemently objected. They claimed we should have told them about the AC failure before repairing the unit and that since they bought a home warranty policy they could have gotten a new unit after they closed and settled, which in our view would have been very dubious. In the end, I think we split the cost of the repair.

We also helped my daughter in selling her first home, a condo, which we had helped with the purchase. The HVAC went out several weeks before closing. Buyer insisted on a new unit, which we installed at around $6K.

Timing is everything in these cases. The OP was fortunate to have timing on his side. Bad timing from the OP's buyer's standpoint. It's really tough nuggies, for someone.

User avatar
blaugranamd
Posts: 557
Joined: Wed Apr 11, 2012 1:57 pm
Location: D-lux apt in the sky

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by blaugranamd » Wed Oct 03, 2018 5:40 pm

We actually had the same issue happen but as buyers: bought a home, HVAC was about 18 years old, about a week after we move in it's dead. Had one company recommend replacing everything. Had a friend's dad who does HVAC look at it, found a loose fitting and no refrigerant, tightened up and refilled. Working for 4+ years now. Thankfully we were only out about $400

IMO/IANAL, it's on the buyers. Home inspectors are not very useful, as I found out after investigating this. If they were worried about the HVAC needs to be inspected by an actual HVAC specialist. $10,000 is a remarkably round number too. I agree with the litany of above posts: IGNORE THEM until you get a legal notice from their lawyer.
-- Don't mistake more funds for more diversity: Total Int'l + Total Market = 7k to 10k stocks -- | -- Market return does NOT = average nor 50th percentile, rather 80-90th percentile long term ---

Jags4186
Posts: 2538
Joined: Wed Jun 18, 2014 7:12 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Jags4186 » Wed Oct 03, 2018 6:06 pm

That’s too bad THEIR air conditioning in THEIR house stopped working. Home ownership can be expensive.

Unless you misrepresented/concealed damage you should not be worried and ignore.

stlrick
Posts: 410
Joined: Mon Apr 14, 2008 4:37 pm

Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by stlrick » Wed Oct 03, 2018 6:31 pm

It broke 2 days after closing? So it was working one day after closing. You could accuse them of intentionally damaging it so that they could fight with you for a new one. It's their problem.

Post Reply