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

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c1over8
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by c1over8 » Wed Oct 03, 2018 6:33 pm

A lot of people are posting saying it depends whether you knew about it. In my state the standard is that sellers make no representations and warranties so it wouldn't matter whether or not you knew. The answer to your question will depend on your state's law.

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StevieG72
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by StevieG72 » Wed Oct 03, 2018 6:46 pm

They had a home inspection and there must have been no major issues with the HVAC system.

Two days later it fails and needs replacing?

I would ignore their attempts to squeeze money out of you.
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delamer
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by delamer » Wed Oct 03, 2018 7:01 pm

Nate79 wrote:
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.
Not to mention that the buyer is coming to OP after making the choice to put out $10,000.

For all the OP knows, it could have been fixed for $500.

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dm200
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Wed Oct 03, 2018 7:22 pm

delamer wrote:
Wed Oct 03, 2018 7:01 pm
Nate79 wrote:
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.
Not to mention that the buyer is coming to OP after making the choice to put out $10,000.
For all the OP knows, it could have been fixed for $500.
I wonder this as well.

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

Post by Gill » Wed Oct 03, 2018 7:52 pm

I don’t believe it has been mentioned yet, but you should review the sale contract. What does it say about seller’s disclosures and representations?
Gill

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

Post by randomguy » Wed Oct 03, 2018 7:53 pm

ChrisC wrote:
Wed Oct 03, 2018 5:29 pm

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.
I am betting about zero home warranty companies will replace an AC unit. They will all do the cheapest possible repair and make you wait for as long as possible:) That being said since you owed the house, shouldn't you have been expected to pay for the total cost of repair? Isn't that the argument for not paying for repairing the AC after closing?

And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.

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

Post by abuss368 » Wed Oct 03, 2018 7:55 pm

pdanet wrote:
Wed Oct 03, 2018 2:44 pm
What are our options?
I would consider contacting your agent and discussing the situation and if they have any advice or experience to offer.
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by strafe » Wed Oct 03, 2018 7:59 pm

randomguy wrote:
Wed Oct 03, 2018 7:53 pm
And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Sorry, not an ounce of truth to that. It’s analogous to saying you shouldn’t turn on lights at night because darkness puts more strain on the bulbs.

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

Post by BolderBoy » Wed Oct 03, 2018 8:08 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.

Anyone been in same shoe? What are our options?
IANAL.

Sounds like a shakedown to me. If you end up in court be sure to countersue for *all* your costs + intentional infliction of emotional distress (make it a big number for that!) Oh, and sue the home inspector, too, for complicity.

Home sales are generally "as is" unless a home warranty was purchased by buyers or sellers.
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by ChrisC » Wed Oct 03, 2018 8:11 pm

randomguy wrote:
Wed Oct 03, 2018 7:53 pm
ChrisC wrote:
Wed Oct 03, 2018 5:29 pm

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.
I am betting about zero home warranty companies will replace an AC unit. They will all do the cheapest possible repair and make you wait for as long as possible:) That being said since you owed the house, shouldn't you have been expected to pay for the total cost of repair? Isn't that the argument for not paying for repairing the AC after closing?

And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Yes, that's true, but we provided a $10K credit to take care of the roof and other repair issues. So, we felt that the credit we provided was designed to take care of this issue as well. The question was really whether, we, as sellers, with establishing this funding source of taking care of the roof and other issues should be able to tap the $10K credit to be given at closing for the AC repair.

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

Post by randomguy » Wed Oct 03, 2018 8:28 pm

strafe wrote:
Wed Oct 03, 2018 7:59 pm
randomguy wrote:
Wed Oct 03, 2018 7:53 pm
And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Sorry, not an ounce of truth to that. It’s analogous to saying you shouldn’t turn on lights at night because darkness puts more strain on the bulbs.
That is a crappy analogy.:) You example has zero basis in known reality. The higher load of open doors caused by higher convection losses is 100% true (i.e. this is first year thermodynamics). The part that I don't know is the engineering part of if the system can handle the load especially after x years of service.


Personally I turn it off cause I am cheap and don't want to AC the neighborhood:)

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

Post by Kennedy » Wed Oct 03, 2018 8:34 pm

To the people who suggested that the OP pay to see a real estate attorney... just no. No! That is absurd. Things break. Things break the day before closing. Things break the day after closing. And things break two days after closing. We had a large crack appear in the plaster of a ten year old pool two days before closing. (We paid to fix it.) We had a washing machine start spilling water onto the floor the day before closing. (Per the contract, the washing machine was to be left behind.) The contract said the washing machine was sold "as is" so we didn't repair it.

The point is, things break. OP, you have no moral or legal obligation to the buyer unless you failed to disclose a known defect. The buyers had the option of purchasing a home warranty or asking you to purchase one on their behalf as a condition of the sale. If they elected not to do so, that was a choice they made.

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

Post by willthrill81 » Wed Oct 03, 2018 8:34 pm

dm200 wrote:
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.
Precisely. The preponderance of the evidence points to either the buyers attempting to scam the sellers or the buyers being scammed by the HVAC folks.

As to the "moral" issue here, at what point in time would the seller's supposed responsibility end? Two weeks? Two months? Two years?
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by willthrill81 » Wed Oct 03, 2018 8:35 pm

randomguy wrote:
Wed Oct 03, 2018 8:28 pm
strafe wrote:
Wed Oct 03, 2018 7:59 pm
randomguy wrote:
Wed Oct 03, 2018 7:53 pm
And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Sorry, not an ounce of truth to that. It’s analogous to saying you shouldn’t turn on lights at night because darkness puts more strain on the bulbs.
That is a crappy analogy.:) You example has zero basis in known reality. The higher load of open doors caused by higher convection losses is 100% true (i.e. this is first year thermodynamics). The part that I don't know is the engineering part of if the system can handle the load especially after x years of service.


Personally I turn it off cause I am cheap and don't want to AC the neighborhood:)
Leaving the doors open would result in the unit running longer, which might cause a strain on it, but it wouldn't cause the unit to work any harder than otherwise.
“It's a dangerous business, Frodo, going out your door. You step onto the road, and if you don't keep your feet, there's no knowing where you might be swept off to.” J.R.R. Tolkien,The Lord of the Rings

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

Post by Boglegrappler » Wed Oct 03, 2018 8:40 pm

No opinion, but, as a frame of reference, I just had a leaking coil in a 3.5 ton air handler unit replaced. I didn't feel I got a great price, but it totaled $2000 for a replacement coil, a new charge, and installation of the coil.

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

Post by 123 » Wed Oct 03, 2018 8:48 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.
+1 I've sold a couple of homes and routinely included one of those silly (my opinion) home warranties. It makes the buyer argue with the insurance company instead of me. Though I didn't think they were really necessary it just seemed easier and makes the buyer feel better about the deal. One house didn't even have AC so maybe the only thingd it would have covered would be a water heater and a couple of wall heaters that had worked fine for 20+ years.
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TxAg
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by TxAg » Wed Oct 03, 2018 8:57 pm

They got scammed so they're scamming you. I agree with the "pound sand" comments.

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

Post by cheese_breath » Wed Oct 03, 2018 9:23 pm

How much would it cost to have a lawyer write them a letter telling them "no way Jose" in legal terms?
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Nissanzx1
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Nissanzx1 » Wed Oct 03, 2018 9:53 pm

So many people are learning to do business this way. Total scam. Do not respond. They won't sue. If they do, fight it.

You didn't conceal anything, no reason to be concerned. They chose to replace the whole system instead of repair the old one. It's on them Imho

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

Post by spectec » Wed Oct 03, 2018 10:00 pm

In the past couple of years we sold our home and purchased another one. In our listing for the home we sold, we stated that we would pay for a 1-year warranty. I have no idea of the buyers had any problems, but if they did they were covered. And if they paid for a repair without jumping through the warranty company's hoops, that's entirely their problem.

The sellers of the home we purchased were difficult on several levels, I think partly because they were inexperienced. I know they refused to offer a 1-year warranty even though their realtor's firm strongly encourages sellers to do so. My solution was to buy the 1-year warranty myself. The home is in great shape overall, but within the first couple of months we had a garage door motor to fail and later a sewer line backup (which we caught before any damage was done). I'm confident the sellers knew nothing about either of these problems and I wouldn't have blamed them even if I had not had the warranty to fall back on. As it was, both problems were fixed (minus a $100 deductible), and I have a brand new garage door system with all the rollers tuned up.

I just don't understand why anyone would sell a home without offering a warranty. Unless the home is really cheap or a distress sale where every penny counts, failing to offer a warranty is being penny wise and pound foolish. A seller-paid warranty is a great selling point which allows the buyer to feel more comfortable about making an improved offer. It's also a good SWAN measure.

Incidentally, trying to hold the home inspector responsible is a non-starter, at least around here. All our home inspectors state in writing, before the engagement, that their inspection only validates that HVAC, plumbing, electrical, etc are functioning properly at the time of the inspection. If the HVAC system passes, they sign off on it. It might fail a month, a day, or even an hour after they leave, they bear no responsibility as long as they documented that it met their time/temperature tests and showed no obvious defects.
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Cycle » Wed Oct 03, 2018 10:12 pm

Welcome to home ownership, the first of many things that will need replacing.

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

Post by software » Wed Oct 03, 2018 10:21 pm

cheese_breath wrote:
Wed Oct 03, 2018 9:23 pm
How much would it cost to have a lawyer write them a letter telling them "no way Jose" in legal terms?
X dollars, where X is X dollars more than he should have to pay.

Pretty simple math if you ask me.

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

Post by Doohop65 » Wed Oct 03, 2018 10:30 pm

Don’t feed the trolls. Ignore them and they will go away.

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

Post by randomguy » Wed Oct 03, 2018 10:31 pm

willthrill81 wrote:
Wed Oct 03, 2018 8:35 pm
randomguy wrote:
Wed Oct 03, 2018 8:28 pm
strafe wrote:
Wed Oct 03, 2018 7:59 pm
randomguy wrote:
Wed Oct 03, 2018 7:53 pm
And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Sorry, not an ounce of truth to that. It’s analogous to saying you shouldn’t turn on lights at night because darkness puts more strain on the bulbs.
That is a crappy analogy.:) You example has zero basis in known reality. The higher load of open doors caused by higher convection losses is 100% true (i.e. this is first year thermodynamics). The part that I don't know is the engineering part of if the system can handle the load especially after x years of service.


Personally I turn it off cause I am cheap and don't want to AC the neighborhood:)
Leaving the doors open would result in the unit running longer, which might cause a strain on it, but it wouldn't cause the unit to work any harder than otherwise.
We are splitting terminology between definition of strain and harder:) Again I have no clue if asking the compressor to run 8 hours straight without a break when it is used to say 10 mins on/20 off cycles is likely to cause problems from higher motor temps and what not. Or if people just do the common thing of trying to come up with a reason and assign it to whatever was different.

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

Post by Miakis » Wed Oct 03, 2018 10:33 pm

Tell them no and inform your realtor that you don't want to be contacted again. The house closed, it's done.

They can then choose whether they would want to hire an attorney to sue you. The burden would be on them to show that you defauded them somehow AND that $10,000 was a reasonable amount to pay. After all, even if you were on the hook for it, you're not obligated to buy them the best and most expensive new AC unit on the market. Your house didn't sell with the best and most expensive AC unit on the market, it sold with a used AC unit, and that's the cost they would be entitled to recover because that's what they purchased from you.

They had no expectation that the AC unit was brand new or under warranty in any way, so why would you pay them for a new AC unit?


As it happens, I rent space in an office building filled with realtors. Realtors will try anything. If a client complains to them, they'll say, "Well, it doesn't hurt to ask." Who knows. Maybe you would have paid, or offered to split the cost, as some posters here have suggested. They're not asking because they really think you have an obligation, they're asking because their client is mad and doesn't want to hear "Too bad for you."

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

Post by Wakefield1 » Wed Oct 03, 2018 11:11 pm

randomguy wrote:
Wed Oct 03, 2018 10:31 pm
willthrill81 wrote:
Wed Oct 03, 2018 8:35 pm
randomguy wrote:
Wed Oct 03, 2018 8:28 pm
strafe wrote:
Wed Oct 03, 2018 7:59 pm
randomguy wrote:
Wed Oct 03, 2018 7:53 pm
And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Sorry, not an ounce of truth to that. It’s analogous to saying you shouldn’t turn on lights at night because darkness puts more strain on the bulbs.
That is a crappy analogy.:) You example has zero basis in known reality. The higher load of open doors caused by higher convection losses is 100% true (i.e. this is first year thermodynamics). The part that I don't know is the engineering part of if the system can handle the load especially after x years of service.


Personally I turn it off cause I am cheap and don't want to AC the neighborhood:)
Leaving the doors open would result in the unit running longer, which might cause a strain on it, but it wouldn't cause the unit to work any harder than otherwise.
We are splitting terminology between definition of strain and harder:) Again I have no clue if asking the compressor to run 8 hours straight without a break when it is used to say 10 mins on/20 off cycles is likely to cause problems from higher motor temps and what not. Or if people just do the common thing of trying to come up with a reason and assign it to whatever was different.
Higher dewpoint air (hot humid air coming in from outside doors open)across evaporator (coil)=higher refrigerant pressures in system,more load on compressor motor and higher power consumption rate (vs. already partially conditioned air being pulled through coil)
think of the typical window unit failure during the hottest most humid stretch of summer when it is turned on while the ambient temperature on its top floor location is 110*-torture test for the system with extra high pressures on condenser side of compressor

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

Post by strafe » Thu Oct 04, 2018 6:05 am

randomguy wrote:
Wed Oct 03, 2018 10:31 pm
willthrill81 wrote:
Wed Oct 03, 2018 8:35 pm
randomguy wrote:
Wed Oct 03, 2018 8:28 pm
strafe wrote:
Wed Oct 03, 2018 7:59 pm
randomguy wrote:
Wed Oct 03, 2018 7:53 pm
And I don't know if it is true or not, but I was told to turn off AC when moving. The argument is that the cooling load on a house with all its doors open is higher than normal and can strain the system.
Sorry, not an ounce of truth to that. It’s analogous to saying you shouldn’t turn on lights at night because darkness puts more strain on the bulbs.
That is a crappy analogy.:) You example has zero basis in known reality. The higher load of open doors caused by higher convection losses is 100% true (i.e. this is first year thermodynamics). The part that I don't know is the engineering part of if the system can handle the load especially after x years of service.


Personally I turn it off cause I am cheap and don't want to AC the neighborhood:)
Leaving the doors open would result in the unit running longer, which might cause a strain on it, but it wouldn't cause the unit to work any harder than otherwise.
We are splitting terminology between definition of strain and harder:) Again I have no clue if asking the compressor to run 8 hours straight without a break when it is used to say 10 mins on/20 off cycles is likely to cause problems from higher motor temps and what not. Or if people just do the common thing of trying to come up with a reason and assign it to whatever was different.

LOL. Cycling on and off is harder on the system than running continuously. Ideally the compressor would run continuously rather than cycling, which is what newer inverter compressors do. Do you shut your A/C off during summer heat waves?

Now back to the topic at hand... :sharebeer
Last edited by strafe on Thu Oct 04, 2018 6:27 am, edited 1 time in total.

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

Post by NextMil » Thu Oct 04, 2018 6:25 am

For a reference point. I had something on a home inspection on purchasing a house. The seller used a subpar contractor to repair the problem who legally should have pointed out additional problems, and didn't. Cost me $7k to repair. I thought about suing. Went through the trouble of FOIA'ing local government providing proof that they violated the contract. An attorney told me I was right, but it was not worth it to sue.

In your case, in my view, they have nothing, and probably wouldn't sue.

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

Post by Jack FFR1846 » Thu Oct 04, 2018 6:33 am

A reasonable response: Oh, the AC isn't working? I'll pay my HVAC company to look at it and recommend remedies. What? You've already removed the system and replaced it using the same company that prices a muffler replacement at $9,000? Allrighty then.
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by blaugranamd » Thu Oct 04, 2018 6:45 am

Miakis wrote:
Wed Oct 03, 2018 10:33 pm
Tell them no and inform your realtor that you don't want to be contacted again. The house closed, it's done.
Can't stress this plan enough. Ignore them ENTIRELY and tell your realtor to have ZERO contact with them. If they are scamming you they will go away. If they are legit your realtor may accidentally say something incriminating. If they're legit and you get legal notice, THEN spend money on a lawyer.
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by alwayshedge » Thu Oct 04, 2018 6:49 am

Below are two potential responses that you could use if you even want to respond.

1. Go pound sand.
2. Go fly a kite.

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

Post by t885 » Thu Oct 04, 2018 7:16 am

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.
LOL

NO!!!
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Nowizard » Thu Oct 04, 2018 7:27 am

You have a strong case since that is what an inspection is for. If anyone is responsible, it is more likely to be the inspector, though you would almost certainly be named in a suit. The purchaser has made a significant error by going ahead and replacing the system, determining the cost of the one they chose, assuming there would be no pro-rated amount even if you were responsible, etc. Not disclosing the reason for the failure is, of course, unacceptable. This sounds like a fishing expedition and questionable approach by the buyer's Realtor as well unless there is more information than posted.

Tim

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

Post by Nowizard » Thu Oct 04, 2018 7:34 am

By the way, some have mentioned a home warranty. Unless you had purchased it, and it had already been in effect, it probably would not matter if it went into effect the date of closing. Such warranties typically have a gap between activation and a valid claim to avoid this exact situation.
Tim

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

Post by dknightd » Thu Oct 04, 2018 7:38 am

muddgirl wrote:
Wed Oct 03, 2018 5:15 pm
I think the seller 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.
I think the buyer (not seller) got taken for a ride, and now wants the seller to pay for it.
If I was the seller I'd probably just say no. It worked when I sold it. I'm sorry it broke after you bought it, but, you knew it was not a new system. If it was a new system the selling price might have been higher.
My guess is the buyer wanted to replace the system with something better, now they are trying to get seller to pay for it.
No

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

Post by FreemanB » Thu Oct 04, 2018 7:40 am

I had a similar situation, where a buyer contacted us through our realtor a few weeks after closing to claim we knew about a problem and should pay for fixing it. Per our realtor's advice, we didn't respond at all and let our realtor(I think through their realtor) tell them that there would be no negotiation or discussion, since they had no basis for their claim. We never heard anything else about it.(And that's been 15+ years now) As stated above, don't get a lawyer involved, since there is literally nothing for them to do at this point. The buyer will likely find out if they pursue it that it would cost more in legal fees than they could ever possibly hope to get.

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

Post by hand » Thu Oct 04, 2018 8:06 am

Tell them to talk to the owner :)

LawEgr1
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by LawEgr1 » Thu Oct 04, 2018 8:27 am

blaugranamd wrote:
Thu Oct 04, 2018 6:45 am
Miakis wrote:
Wed Oct 03, 2018 10:33 pm
Tell them no and inform your realtor that you don't want to be contacted again. The house closed, it's done.
Can't stress this plan enough. Ignore them ENTIRELY and tell your realtor to have ZERO contact with them. If they are scamming you they will go away. If they are legit your realtor may accidentally say something incriminating. If they're legit and you get legal notice, THEN spend money on a lawyer.

+1. No is a powerful word. Say little.

This is the correct answer and should be /endthread

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

Post by TN_Boy » Thu Oct 04, 2018 9:40 am

Nowizard wrote:
Thu Oct 04, 2018 7:27 am
You have a strong case since that is what an inspection is for. If anyone is responsible, it is more likely to be the inspector, though you would almost certainly be named in a suit. The purchaser has made a significant error by going ahead and replacing the system, determining the cost of the one they chose, assuming there would be no pro-rated amount even if you were responsible, etc. Not disclosing the reason for the failure is, of course, unacceptable. This sounds like a fishing expedition and questionable approach by the buyer's Realtor as well unless there is more information than posted.

Tim
Not really an expert on this, but I'll cheerfully chime in with a couple of observations.

1) The inspection agreements I've seen always have a clause that pretty much says "if the inspector cannot see something, and it's bad, that's your problem, not the inspectors." So if there is hidden termite damage, the inspection won't catch that, and you can't sue the inspector. I'm pretty sure something like an air conditioning compressor on its last legs wouldn't be caught by an inspector either. They should have run the thing and verified it was operating correctly. They should tell the buyer "this unit is X years old, and they usually last about X + N years." But they are not going to take apart and check all the internals of the HVAC system.

2) I share the disbelief that you could get a reputable HVAC company to come in and replace an air conditioning unit in 2 days.

3) I see no way you are legally or ethically liable responsible unless you knew something was wrong with the AC and didn't disclose it. In my current house, the compressors in both the upstairs and downstairs units began having problems only a few years after the house was built. We limped along for a bit, but finally had to replace both units. Had I sold the house before replacing the systems, I would certainly have needed to disclose I was replacing freon every year. But that doesn't seem to be the case here.

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

Post by piperkub » Thu Oct 04, 2018 10:18 am

Unless you knew the AC system had a history of poor or no performance you're not obligated to reimburse. But, it's still nice to express regret and wish better luck with their new purchase. Unless they saved the old system and your AC tech can review its condition you won't see any legal action. But, if given the threat of further litigation you might take the high road and consider offering them something toward the repair, 2,500.00 or so. You can either give it to the new buyers or your attorney, going the litigation route is a whole lot more expensive even if you win the case.

Dottie57
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by Dottie57 » Thu Oct 04, 2018 10:29 am

Nate79 wrote:
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.
If I had bought a house with old HVAC I would have thought to have money to replace within the next year.

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

Post by investingdad » Thu Oct 04, 2018 10:33 am

Unless you knew the AC was faulty, it's their issue.

If you repaired it and believed it to be repaired and functional, it's still on them.

Houses have routine maintenance done all the time, and it's acceptable to say you repaired it and believed the problem to be fixed.

They will need to prove:

- it was faulty prior to closing
- you knew it was faulty
- you chose to ignore it

Good luck with that.

Have your broker tell them No.

Refer to the sales contract.

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

Post by WildBill » Thu Oct 04, 2018 10:38 am

Howdy

1- Check your contract for any obligations you may have in this situation. It is unlikely that you do, but if you do they will be in your contract.

2 - If no contractural obligations exist, ignore the request.

It is very unlikely that it will go any further. If it does, then act appropriately, which at that point will probably be getting a lawyer. It is overwhelmingly likely that any suit against you will be thrown out as no contractural obligation exists.

Relax and worry about other things.

Good luck

W B

W B
"Through chances various, through all vicissitudes, we make our way." Virgil, The Aeneid

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dm200
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Thu Oct 04, 2018 10:42 am

There are so many "odd" things here that I believe there is more to this story.

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

Post by RudyS » Thu Oct 04, 2018 12:53 pm

piperkub wrote:
Thu Oct 04, 2018 10:18 am
Unless you knew the AC system had a history of poor or no performance you're not obligated to reimburse. But, it's still nice to express regret and wish better luck with their new purchase. Unless they saved the old system and your AC tech can review its condition you won't see any legal action. But, if given the threat of further litigation you might take the high road and consider offering them something toward the repair, 2,500.00 or so. You can either give it to the new buyers or your attorney, going the litigation route is a whole lot more expensive even if you win the case.
I am not a lawyer, but I guess that if you offer to make some payment, you can be considered as having admitted that you did something wrong.

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

Post by -buzz- » Thu Oct 04, 2018 3:45 pm

randomguy wrote:
Wed Oct 03, 2018 7:53 pm

I am betting about zero home warranty companies will replace an AC unit. They will all do the cheapest possible repair and make you wait for as long as possible:)
Home Warranty of America replaced two units in two years in a previous home for us. The first unit was replaced during our first year of ownership and that first year warranty was paid by the seller. Since the house had two units and they were the same age, I decided to renew the warranty for the second year which covered the second unit's death.

I'm not typically a fan of home warranties, but I have to admit that one paid off big time for us.

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

Post by chw » Thu Oct 04, 2018 5:37 pm

OP, haven't read all of the responses, but did also sell a home recently. My thoughts are:
- it's doubtful the buyers could have installed new AC in the time frame mentioned, unless they were planning to replace the AC prior to the closing and obtained estimates prior to the sale.
- not sure if your p&s had language addressing how the property was to be conveyed, and what repairs were your obligation, prior to the sale. Some p&s' have language stating the home is sold "as is" subject to agreed upon repairs. Generally, unless you intentionally hid defects that the buyer reasonably would have discovered, the sellers should not have any claim to you for these repairs.

If you had an attorney representing you for the sale, I would ask the attorney about how to proceed, or perhaps let the attorney respond. I surmise the buyers are simply seeing if you will panic, and pay them for the repairs.s

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dm200
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Re: Sold Home - 2 days after buyer claims they found an issue with A/C

Post by dm200 » Thu Oct 04, 2018 5:38 pm

chw wrote:
Thu Oct 04, 2018 5:37 pm
OP, haven't read all of the responses, but did also sell a home recently. My thoughts are:
- it's doubtful the buyers could have installed new AC in the time frame mentioned, unless they were planning to replace the AC prior to the closing and obtained estimates prior to the sale.
- not sure if your p&s had language addressing how the property was to be conveyed, and what repairs were your obligation, prior to the sale. Some p&s' have language stating the home is sold "as is" subject to agreed upon repairs. Generally, unless you intentionally hid defects that the buyer reasonably would have discovered, the sellers should not have any claim to you for these repairs.

If you had an attorney representing you for the sale, I would ask the attorney about how to proceed, or perhaps let the attorney respond. I surmise the buyers are simply seeing if you will panic, and pay them for the repairs.s
My thought as well.

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

Post by NotWhoYouThink » Thu Oct 04, 2018 5:46 pm

buyer has threatened to take us to civil court
Threats are easy. Taking you to court is hard. If you receive a summons, respond to it. Until then, ignore.

* IANAL, but I did read https://www.reddit.com/r/legaladvice/ last night.

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

Post by 8foot7 » Thu Oct 04, 2018 7:06 pm

NotWhoYouThink wrote:
Thu Oct 04, 2018 5:46 pm
buyer has threatened to take us to civil court
Threats are easy. Taking you to court is hard. If you receive a summons, respond to it. Until then, ignore.

* IANAL, but I did read https://www.reddit.com/r/legaladvice/ last night.
To sue you, they will have to pay an attorney a retainer probably half the amount they are looking to recover from you and that’s just to get started.

Any attorney worth their salt will tell them they have no case.

Call their bluff by either saying no or ideally just ignoring it.

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