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What legal avenues can I take to best recover my losses?

Matawan, NJ |

My wife and I bought a home on 6/29/12. The A/C compressor unit broke on 7/31/12 and is only partially covered by Homeowner's Warranty of America insurance because the system is 23 years old. The entire system needs to be upgraded because of a lack of compatability between the outdoor compressor and the air handler in the attic.
The seller disclosure was falsified by saying it was 15 years old. My wife has a medical condition so AC was a huge issue for us. If we had known the unit was 23 years old we would have negotiated a better sale price or stipulated the AC unit be updated.
Any advice would be helpful. I have a much better letter to describe the situation but had to compress everything because of size constraints.

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Attorney answers 1


You would have a tough case against the seller.

The Seller's Disclosure states that it provides information based on a the seller's "knowledge and belief" and expressly states that it is not a warranty of any system. Both the Sellers Disclosure and the typical Realtor® form contract provide that the Buyer is permitted to make inspections and demand repairs - but otherwise the home is sold "As Is". Thus, unless you can prove an actual fraud - i.e., an intentional lie as opposed to an incorrect guess as to the age of the unit - it is unlikely you can recover from the seller.

Did you have a pre-closing home inspection by a licensed home inspector?

What did your home inspection report state about the age and condition of the AC system?

This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.