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I just purchased a home in June of this year. My agent prior…

Customer Question
I just purchased a...

I just purchased a home in June of this year. My agent prior recommended me to use her Home Inspection guy to do my inspection. After the report was done the agent emailed me to congratulate me that after her reading the Inspection report the house was in great shape and no major issues. The report listed that the air conditioner was working properly and in good shape. He listed that it was in satisfactory condition. The report was done a day after the inspection when I was asked to sign it. This was done in March or April before my June 1st closing. 45 days after I moved in the enter airconditioner broke down and could not be repaired according to my home warranty AC rep and I needed to replace it. I had to spend 4000 plus the $400 fee I paid the Home Inspection company so I didnt fall prey to this. I feel the agent and the home inspector ignored the immediate damaged to the air conditioner by claiming it in "satisfactory" conditions just so I would purchase the home. The agent made out with a fat commission, The Inspector got $400 from me and I got a bill for $4000 and about $500 additional money spent to move the family out due to that week being over 100 degrees outside and home was not fit to live in at that time. What can I do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

West Virginia

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 8 months ago.Category: Legal
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Answered in 3 hours by:
9/26/2017
Lawyer: Marsha411JD, Attorney replied 8 months ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,828
Experience: Licensed Atty, 29 yrs exp in the practice of law.
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Hello,

Thank you for the information and your question. Although you could sue the home inspector, you will have the burden of proof to show that he knew, or should have known, through his inspection, that the air conditioner would need replacement or break down in the time period that it did. In order to do that you will need another HVAC professional who is willing to testify that it would have been obvious that the air conditioner would break down and not be repairable within 5 months, or how ever long it was between inspection and it breaking. That may be very difficult to find such an expert, but that is what you will need.

There would be no cause of action against the Realtor unless you can prove collusion to defraud you, which would be essentially impossible unless there is evidence of a kick back (not just the commission the realtor makes from the sale) and that the realtor also knew the air conditioner was not "satisfactory."

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page for my efforts to discuss the law of your issue with you, then the Site will give me credit for assisting you today. Thank you

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Lawyer: Marsha411JD, Attorney replied 8 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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