Bought a SFH, sellers temporarily fixed issues to sell, now what?

Bought a SFH, sellers temporarily fixed issues to sell, now what?

Real Estate Agent · Honolulu, HI · Member since 2017 · 53 posts · 8 votes

Hi,

I closed on a SFH in TX as a primary residency. Closed on June 1st, and now I'm seeing some issues with the HVAC unit.

On the inspection, the inspector noticed that the cooling air coming out of the vents weren't cold enough so he annotated that the HVAC unit be serviced properly.  Seller hired a technician, and he supposedly replaced the filter, charged freon, cleaned outside condenser coil, and "serviced" the HVAC unit.   First few days, we started to notice that the house wasn't cooling down fast enough and would only cool to about 76 degrees.  About four days after, we left the doors open due to the moving company delivering our shipment.  I noticed that the AC wouldn't turn on when the thermostat was set to 75 and the inside temperature reading was at 81.  I manually turned it to ON mode but nothing happened.  I figured it was because we left the door open and we had a smart thermostat.

Fast forward to this week, after continuous inefficient cooling, and the AC not turning on at set temperature for the third time, I decided to call the warranty compan, through the initial assessment we noticed that the condenser line was frozen (visible ice on the line).  They came out and did the typical trouble shooting.  During the process we noticed that the filter was extremely dirty (filter that was apparently replaced by the ac technician the sellers hired), and they over charged the freon so relieved some pressure.  Tech said that should fix the problem.  Few hours later, the issue persisted with AC not kicking on and the line being frozen.  The tech recommended the condenser coils be cleaned out and he quoted $575.

No my agent is currently contacting the ac technician the sellers hired, to see if he could resolve the issue as he should have cleaned the coils. 

My question is, what can I do as a buyer, legally, to have the sellers fix the HVAC unit.  I think the sellers weren't fully honest when it came to properly repairing issues around the house.  They verbally agreed with their seller's agent and my agent that they were going to pay a professional service to clean the house, but they did not.  So at this point, we are fed up with how they took care of business and would like to know what I can do.  Whether it be monetary reimbursement or getting them to actually fix the HVAC?

Thank you for taking your time to read! 

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    Not much you can do, the ac was working at closing and you can’t show any intentional deception. Usually freezing lines/condenser are due to low Freon, usually due to leak which seems to be your case.
  • Investor · Canton, GA · Member since 2014 · 727 posts · 500 votes
    8y
    Second Wayne. Both on diagnosis and position. Iced up = low gas If it was just charged and it is icing up already, it is not a good sign. How old is the unit? If it is older than 10-12 years old you have to replace one of the major components (compressor,condenser, evaporator), it is time to bite the bullet and replace the entire unit, lines, etc. IMHO. Leakage in a line or a connection is one thing. Leakage in a major component makes it a chronic patient with an eventual terminal outcome. If that is the case, “put er’ down”. Rule of thumb on existing conditions at closing. If it is a deal breaker type of problem, get it 100% addressed before closing. Once you sign (close), you are for all intents and purposes accepting conditions as they exist upon delivery/conveyance (closing). Get a couple of other HVAC opinions/estimates, and do your research before pulling the trigger. Best of luck!
  • Real Estate Agent · Honolulu, HI · Member since 2017 · 53 posts · 8 votes
    8y

    Thank you for your input, I highly doubt it's the freon because they just charged it, turns out the inside coils are super clean as well, so it could be the fan motor!?  The unit is about 4 years old which is why I'm surprised at how much issue it's giving us...

  • Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    8y
    It’s worth pursuing with the realtor, but legally, there’s not a whole lot that you can do after closing. The contract you signed at closing was everything is as-is, and unless the sellers were intentionally covering up defects, there’s not much legal basis you have. They probably did get it serviced (by the cheapest guy they could find), it probably was ‘professionally’ cleaned (using the cheapest cleaner they could find) etc. It’s dishonest and disingenuous, but I’d just get it fixed and move forward. Find a good HVAC person to fix it and have a cool rest of your summer. :)
  • Winnipeg, Manitoba · Member since 2015 · 39 posts · 12 votes
    8y
    4 years old may still have 1-6 years left on the manufacturer warranty
  • Real Estate Agent · Honolulu, HI · Member since 2017 · 53 posts · 8 votes
    8y

    @Mike McCarthy I agree, I like your optimism! 

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