Legal Question in Real Estate Law in California
Recent I enter into purchase contract for a KB home, we are getting loan approval right now and getting close to closing. Today when we did our pre carpet walk, I realized that there is no air conditioner installed. Now here is my problem, during our negotiaton stage and the option choosing stage, we had specifically ask if this unti will include the air conditoner, and were told yes. We were then refer to the option contract by the sales person, under the Air Conditioner catagory it is mark "Model included, Summer Sweet Air" We were told we have air conditioning and the model is called Summer Sweet Air. Now after we signed the contract and did the pre carpet walk and found that no air conditioning was installed, we are now told this Summer Sweet Air does not really function like an A/C, but instead its 2 open vent that filter air for you.
1. Summer Sweet Air is label under the catagory Air Conditoner, but apparently DOES NOT function like one
2. There was no explaination that there a real a/c that we can upgrade to
3. There was no explaination during the sales process that this Sweet Summer Air model under the Air Conditioner catagory does not function like one
Do I have a case against KB homes for misleading, falsely inform, or falsely advertise something that as A/C but does not function like one when it comes to delivery?
Thanks.
1 Answer from Attorneys
Can't be really sure without seeing and reading all the literature and contracts you've been shown, but at this point and based on your description of the situation, I'd say you have good reason to complain that the builder/seller misrepresented the device as a real air conditioner, which it is not. Ask them if they will give you a "free" upgrade to true refrigeration-type air conditioning to avoid a lawsuit on the ground that that's what you thought you were getting. True air conditioning is neither a filter device nor an evaporative type such as the "swamp cooler," but uses a compressor, evaporator, and a refrigerant gas like Freon or a modern substitute. Tell the builder that you believe the salesman misrepresented the nature of the Sweet Summer Air as air conditioning and that's NOT what it really is.
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