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Old November 30th, 2013, 08:00 PM   #1
MonkeyBiz
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Default Any recourse?

Any housing/ real estate folks here know if when selling a home, and on the purchase agreement represent everything in good working order, then I find out after the fact (like 3 days ago) that 100% they knew (signed paper work) a major appliance had been condemned/locked off by a licensed repair company, then just before I looked at it they (illegally) rehooked said appliance up if there is any legal recourse? I had a home inspector check out the home, and (per the licensed repair company) there is no way a home inspector would have caught it.
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Old November 30th, 2013, 08:04 PM   #2
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Yes . The neighbor two doors down sold his house signing off the roof as no leaks . Months later they were paying for a new roof.
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Old November 30th, 2013, 08:08 PM   #3
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We had to pretty much go to the sellers with our proof and tell them to pay or we were going to take them to small claims and they would obviously lose due to our "evidence". We worked it out for cash.
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Old November 30th, 2013, 08:12 PM   #4
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Here is the kicker... This whole transaction was a FSBO. I purchased from "The Estate of ". That person is dead. His daughter, who lives locally, and was/is the trustee sold/signed the paper work. This now ~14 months later. I don't know if I would have to go after the estate or her personally or both. I fear she has dissolved the trust, as she was going to be paying off all the debt with the money from the home.
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Old November 30th, 2013, 08:15 PM   #5
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What "major appliance" have you not used for 14 months in your home?
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Old November 30th, 2013, 08:20 PM   #6
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My guess is the furnace. You may be fucked. Just be sure you make it an upgrade when you fixed it. We switched to a high efficient unit and in a couple years saved way more than it cost us in propane.
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Old November 30th, 2013, 08:21 PM   #7
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My furnace. It works, kinda. Had the local company come out, because it didn't seem to be running as good as I thought it should. When they got there, we went down the to furnace, and that's when I found out that he had disconnected and condemned this furnace for a plugged heat exchanger. He examined it further, and said that it still had the same problem it had in Feb of 2012 when he shut it down.
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Old November 30th, 2013, 08:27 PM   #8
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My guess is the furnace. You may be fucked. Just be sure you make it an upgrade when you fixed it. We switched to a high efficient unit and in a couple years saved way more than it cost us in propane.
Ding ding ding. I have a feeling I am screwed also, but I seem to remember there was a portion in the purchase agreement that said something to the effect that to her knowledge the furnace was in good order. Normally, I'd suck it up and pay for a new one, but then the HVAC company was able to produce a signed receipt that said the furnace had been shut down because it was not repairable or safe to operate. BTW, there is NO CO2 readings. I think it would behoove me to contact an attorney for a consult this week.
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Old November 30th, 2013, 08:35 PM   #9
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14 months ago, did you run the furnace last winter? Any problems from said last winter furnace use?
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Old November 30th, 2013, 08:36 PM   #10
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Did the person that died sign it? Did the people trying to sell just noticed it was shut off and turn it back on not knowing?
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Old November 30th, 2013, 08:44 PM   #11
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14 months ago, did you run the furnace last winter? Any problems from said last winter furnace use?
I used it last winter, and my bills were high. I chalked that up to my original (1982) thermostat. When I replaced the thermostat this year, it didn't change the operation of it, so I thought it may just need to be tuned up/cleaned. That's why I called them out.

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Did the person that died sign it? Did the people trying to sell just noticed it was shut off and turn it back on not knowing?
No, the lady that sold it to me did. She was POA/Trustee for his estate. He was essentially an invalid, and had been moved to a nursing home during this time frame. (IIRC what she told me in conversations while looking at the home).
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Old November 30th, 2013, 09:05 PM   #12
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Bummer. Ours had a bad exchanger and it was running real shitty and the pilot kept going out. After we got it all sorted out I was talking to our propane guy who was filling it up and he said he used to tell the old owners every time that something was wrong since it was using so. Inch propane for the size of the house and you could smell un burnt propane in the exhaust vent.
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Old November 30th, 2013, 09:27 PM   #13
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Good luck but 14 months I am betting you are way past any time frame in the courts eyes. Also since she didn't live there is she the one that had the furnace disconnected? I am betting the old man had it done. She can claim she knew of no problems and just hooked it back up and it worked.

Save up for your new furnace. And chalk it up to an expensive life lesson.
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Old December 1st, 2013, 06:13 AM   #14
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Seems borderline due to the timeline but since there is a paper trail, it may be worth the effort. Hope it works out. I hate scammers.
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Old December 1st, 2013, 06:20 AM   #15
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Is it a Bryant? I got a 15 year old furnaces repaired/replaced for free after the heat exchanger cracked. They have a 20 year warranty.
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Old December 1st, 2013, 06:27 AM   #16
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Is it a Bryant? I got a 15 year old furnaces repaired/replaced for free after the heat exchanger cracked. They have a 20 year warranty.
Same here ours was seven years old when we bought our home. The second winter it started giving us problems. I called a company to come out fully expecting to pay for the repairs, they replaced the entire furnace no charge instead.
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Old December 1st, 2013, 07:57 AM   #17
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only skoterbilt can anser these types of queschins
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Old December 1st, 2013, 10:33 AM   #18
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You probably have a case, but if an attorney is necessary it may end up being a wash, cost wise.

Good Luck! Nail em to the wall if possible!
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Old December 1st, 2013, 10:38 AM   #19
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You probably have a case, but if an attorney is necessary it may end up being a wash, cost wise.

Good Luck! Nail em to the wall if possible!
I agree but if it were me get it replaced and move on.

Lawyers are not cheap but a phone call to one could answer this for you.

Prob less than $2000 to get a new one with AC
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Old December 1st, 2013, 10:58 AM   #20
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I agree but if it were me get it replaced and move on.

Lawyers are not cheap but a phone call to one could answer this for you.

Prob less than $2000 to get a new one with AC
~3k without AC. Just over 3k if you I have them clean the ducts, which they 'highly, almost insist' is done. Like mentioned earlier, I think I may have to contact on this week.
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