Legal Question in Business Law in Maryland

Performance on a Sales Contract

I purchased a condo in june 2005. An addendum to the sales contract states that an air conditioning system would be installed by Summer 2006. Currently, an HVAC system is in place, but it is powered by a generator, which is noisy. I cannot open my windows due to the excessive noise. Do to extenuating circumstances with the property, the electric utility will not come out to power the unit. Here's my question, is the A/C system considered to be installed, though it is running on a generator? If not, what are my remedies?


Asked on 8/06/06, 2:23 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Performance on a Sales Contract

If the unit is performing the function for which it is intended--air conditioning your property, it would have to be considered as installed. You didn't clarify what the issue is with the electric company and powering the system. Perhaps it will be resolved soon.

Have you considered requesting the generator be moved to a more remote location to reduce the noise level? If you have similarly affected neighbors, perhaps you can put a group together for a complaint to management.

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Answered on 8/07/06, 9:48 am


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