What to do if we are in the final stages of approval of purchasing a short sale home and just discovered that the central air conditioning is no longer working?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if we are in the final stages of approval of purchasing a short sale home and just discovered that the central air conditioning is no longer working?

It was working fine at the time we made the offer 5 monhs ago. Our expected closing is sometime this month. We have notified the agent that the air isn’t working and that the sellers disclosure states that it is. Does the home owner have to fix the air conditioning if they are made aware of it breaking before the close of the sale?

Asked on May 28, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the disclosure claimed the air conditioning is working, but it is not, you should have the right to terminate the sale if you wanted; the seller could, of course, offer to fix it or give you a credit.

You could also, if the seller refuses to pay/credit/repair but you want to go ahead with the sale, sue the seller based on the disclosure; you'd have to show, however, that he knew or should have known that the A/C was not working and intentionally misrepresented it in order to recover compensation.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption