Ifa salescontract statesthat the HVAC unit needs to be checked and repaired, does the buyer have any say in how it is repaired (replaced)?

UPDATED: May 11, 2011

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Ifa salescontract statesthat the HVAC unit needs to be checked and repaired, does the buyer have any say in how it is repaired (replaced)?

I am currently attempting to buy a home. On the MLS it is listed as central heat and air. Upon inspection by both the home inspector and an HVAC man I hired to check it they found the heat side does not work. The seller has agreed to put in a new unit but instead of being in the attic where it is now they want to place it in the closet in the bedroom. Do I have any legal right to say where the unit should go?

Asked on May 11, 2011 under Real Estate Law, Tennessee


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Absolutely you have every right to ensure that the property (heat) is properly placed and repaired or replaced. Have your HVAC and home inspector put in writing why they feel the unit should not be placed in a bedroom closet (dangerous condition.  Further, if this is a material term of your contract (i.e., if the unit is re-located to a bedroom closet you won't buy the house), put in writing that if the current location is changed it is a material portion of your contract and you will not go through with the sale. Ensure your real estate agent or broker is really working with you and possibly consider talking to an appraiser about the impact of a relocated unit to a bedroom from the attic would impact the value of the home.

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