Legal Question in Real Estate Law in Florida

Post-sale Discovery
We closed on a house 2/6. The seller was to replace the AC unit, and gave us the warranty paperwork at close.

Within 2 weeks of closing, we discovered the heat wasn't working. We called the company on the warranty and was told that only the exterior compressor was replaced, not the inside handler and that the heat was controlled by the handler and nothing was wrong with the new compressor. He then offered to sell us a new handler.

We had a second opinion today. The heat is NOT controlled by the compressor - the reason the heat wasn't working is because the WRONG compressor was installed (straight cool, vs heat pump). Further, it is the opinion of the second company that the original company's gross misrepresentation of the facts regarding the compressor's function is fraudulent.

We have also discovered that the AC company that installed the wrong compressor is the uncle to the seller of the house.

Is there recourse at this point? Or, is 3 weeks after closing too late?

Asked on 2/26/05, 12:50 pm

David Slater David P. Slater, Esq.

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Re: Post-sale Discovery

Read your contract as to your method of recourse.

Litigation is probably necessary. You will need your expert to testify.

Answered on 2/27/05, 9:33 am

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