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final walk through snag and question

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mikeandjess
LIF Adult

Member since 10/07

2278 total posts

Name:

final walk through snag and question

Our central air never gave us a problem when we lived in the house. DH put a leather cover over the unit for the winter so it doesn't get damaged. It was turned on during the final walk through to show that it works but they did not take off the cover and now it seems that the unit has burned out. Are we responsible for this? We had the unit serviced (regular maintenance) every year and we have receipts that prove this, we've never had issues with it.

Posted 3/12/12 4:47 PM
 
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Christine Braun - Signature Premier Properties
LIFamilies Business

Member since 2/11

3992 total posts

Name:

Re: final walk through snag and question

I am not clear on all of the facts, but a couple of things:

1. My understanding is that central air should not be turned on until it is at least 65 degrees out. So if the temps don't reach that high before closing, the sellers will typically leave money in escrow to ensure that the CAC is conveyed in working order. Was it turned on when it is cold out? I don't think it's reached 65 degrees around here in recent months (maybe today!).

2. Unless the CAC was represented as being "as is" -- then it should be in working order at closing. If it's not, then the buyers are going to be entitled to some sort of credit. This is an issue that the attorneys handle. They will typically negotiate some sort of credit back to the buyers for any needed repairs that were discovered during the final walk through. If you are suggesting the buyers did something wrong that contributed to the problem with the CAC, then you should let your attorney know so that can be factored in (but that's probably not going to be easy to prove).

But the bottom line is -- speak to your attorney. Whether I am working with a buyer or a seller, I always tell them to let the attorney know right away (and I usually contact the attorney, too) re: any issues that come up at the walk through, so they can be dealt with at or before closing. When is the closing? Tomorrow?

Posted 3/12/12 7:20 PM
 

mikeandjess
LIF Adult

Member since 10/07

2278 total posts

Name:

Re: final walk through snag and question

Posted by Century 21 Dallow - Christine Braun

I am not clear on all of the facts, but a couple of things:

1. My understanding is that central air should not be turned on until it is at least 65 degrees out. So if the temps don't reach that high before closing, the sellers will typically leave money in escrow to ensure that the CAC is conveyed in working order. Was it turned on when it is cold out? I don't think it's reached 65 degrees around here in recent months (maybe today!).

2. Unless the CAC was represented as being "as is" -- then it should be in working order at closing. If it's not, then the buyers are going to be entitled to some sort of credit. This is an issue that the attorneys handle. They will typically negotiate some sort of credit back to the buyers for any needed repairs that were discovered during the final walk through. If you are suggesting the buyers did something wrong that contributed to the problem with the CAC, then you should let your attorney know so that can be factored in (but that's probably not going to be easy to prove).

But the bottom line is -- speak to your attorney. Whether I am working with a buyer or a seller, I always tell them to let the attorney know right away (and I usually contact the attorney, too) re: any issues that come up at the walk through, so they can be dealt with at or before closing. When is the closing? Tomorrow?



Thanks for your response! The closing is Thursday

Posted 3/12/12 7:23 PM
 
 

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