Can I sue the seller after closing?

Question Details: We purchased a house that was built 3 years ago. We did the home inspection and the inspector said HVAC system needs yearly service. Our agent ignored that comment and removed the contingency. About 1 month after we moved into the house we figure out the system was not working properly. Then we found out that the system the was manufactured 12 years ago. Also, the seller had provided us credit to purchase home warranty for a year. Unfortunately, the home warranty denied our claim because the system was old and had leakage and we did not have 3 years service history. Now we have to pay over $5000 to replace the whole system. Can I file a lawsuit against the seller regarding this issue as we purchased a 3 year old house but the HVAC system is old?

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