What options do I have if I sold a house last week and now he buyer is saying that the A/C unit has gone bad and wants me to pay for a new system?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What options do I have if I sold a house last week and now he buyer is saying that the A/C unit has gone bad and wants me to pay for a new system?
The buyer declined inspection and final walk-through. I had on file that the AC system was cleaned and serviced about 3 months ago. The buyer wants me to pay for the system now.
Asked on September 6, 2019 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A seller is only liable (that is, responsible for) post-closing repairs IF there is evidence that the problem existed pre-closing and that the seller knew (or logically must have known) of it but nonetheless failed to disclose it. In that event, your nondisclosure of a known problem would be fraud, and provides a basis for the buyer to sue. But if there was no problem pre-closing, or there was and you were not aware of it, you are not liable. If the system was cleaned and serviced 3 months prior, that would be strong evidence that both 1) the problem did not exist then and 2) that even if it did, you had no reason to know of it--since the service person did not make you aware of any issues but rather (we assume) gave it a clean bill of health.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.