Who should pay to replace the air conditioning unit?
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Who should pay to replace the air conditioning unit?
My sister and husband purchased a mobile home. Before moving in to said property, approximately 4 days after completing paperwork, the air conditioning unit located outside the mobile home was stolen. The seller has not filed paperwork with the courthouse and is refusing to replace the unit, demanding that my sister file a claim on her homeowners policy. Who is liable here for replacing the
unit?
Asked on March 28, 2016 under Real Estate Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Even if your sister had not moved in yet, who owed it when the theft happened? If title had not passed--that is, the seller was still the owner--he has to replace it: he needs to provide the home to your sister in the shape and with the features it had when she agreed to buy it. But if title had already passed to her, then the fact that she did not move in is irrelevant: it was her mobile home and her air conditioner and the seller has no more responsibility.
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