If my home was sold as having central air but the air condenser is missing, who is liable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my home was sold as having central air but the air condenser is missing, who is liable?
I bought the house 4 months ago; I did not have home inspection. However we had an appraiser to for my FHA loan. They stated that the house had central air and was over all in good condition. They compared the houses with one that did have a central air system. They appraised the house and I paid that price. Then after I moved in I found out that the air condenser is missing. Who’s fault is it? Is it mine, or someone else’s?
Asked on July 29, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It seems that the home you purchased does not have one of the represented components of the represented air conditioning system, a missing air condenser. If the seller did not know that the condenser was missing and you did not discover it through inspections by third party experts, the failure to discover the missing component most likely falls upon you.
In California, the measure of damges for the sale of real property assuming liability is established is the "out of pocket" measure of damges which is the lesser of the current cost of repair or diminution in value at close of escrow. Diminution in value is essentially given the claimed problems of the property presently, what impact on the price you paid for the property would the problem have had at close of escrow?
In your circumstances, even though the air condenser is missing and you are probably not happy about having to pay for a new one, its absence most likely had little impact on the price you paid for the home.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It seems that the home you purchased does not have one of the represented components of the represented air conditioning system, a missing air condenser. If the seller did not know that the condenser was missing and you did not discover it through inspections by third party experts, the failure to discover the missing component most likely falls upon you.
In California, the measure of damges for the sale of real property assuming liability is established is the "out of pocket" measure of damges which is the lesser of the current cost of repair or diminution in value at close of escrow. Diminution in value is essentially given the claimed problems of the property presently, what impact on the price you paid for the property would the problem have had at close of escrow?
In your circumstances, even though the air condenser is missing and you are probably not happy about having to pay for a new one, its absence most likely had little impact on the price you paid for the home.
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.