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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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As background, we entered a bid on a short sale for a 7 year

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As background, we entered a bid on a short sale for a 7 year home in North Carolina. It's in great condition, but the outside heat pump looks old. I can't read the variable information on the labels, but I know the brand ceased existence well over 10 years ago. I thought he might have switched the heat pump to his new residence (he has already moved), and put the older unit on the home I've bid on.

I checked the "State of NC Residential Property and Owner's Association Disclosure Statement", and found that, on page 2 of 4, items 10 and 11....in both cases he did NOT enter anything on the line "Age of system". He merely checked a "heat pump" and "central forced air" for those items, without entering an age.

Finally....my question: Does he not have to enter the age of the units in items 10 and 11....or is that optional?

Thank you for your help and best regards,

Don

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

Kirk Adams :

According to the form, the paragraph 2. of the instructions specifically say that the disclosing party MUST respond to EACH question. (http://www.ncrec.state.nc.us/forms/rec422.pdf).

Kirk Adams :

Thus, you should have grounds to claim that the questions regarding the age of the heating and cooling systems MUST be answered per the instructions.

Customer:

Thanks, Kirk. That's what I thought. The guy took a fence and a front screen door with him.....so anything is possible.

Customer:

I'll go back to the agent again, and ask that he fill it in.

Customer:

Thanks again.

Customer:

Have a good day!

Kirk Adams :

No problem. Glad to help.

Roger and 3 other Real Estate Law Specialists are ready to help you

You could always contact the North Carolina Real Estate Commission and ask if there are administrative rules or exceptions that would allow the seller to avoid having to disclose the age of the units: http://www.ncrec.state.nc.us/

However, the instructions and information I have read doesn't provide for an exception.

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