Legal Question in Real Estate Law in Ohio
real estate
my family moved into our home in
september 2006 with a home warranty paid for by the seller. an inspection was done at that time and the cooling/heating unit checked out. june 2007, first time the unit was turned on it blew out hot air. the reapirman who came
said he could tell as soon as he opened the unit that it had been tampered with. the home warranty was called and because of the tampering, the problem was considered a ''pre-existing condition'' and so not covered. there is no question in my mind that the tampering was done by the previous owner since he must have used the unit in august the month right before we moved in and so he created the problem
that nullified our contract. however,
shouldn't the inspector have checked inside the unit and seen
the obvious tampering as seen by the repairman or tested the temperature. the repairman tells
us it will cost 1,600 for a new compressor and 2,080 for a new unit. the owner did not disclose any problems with the unit although, again, he must have done the tampering and known that the unit did not work in august. thank you
1 Answer from Attorneys
Re: real estate
You probably have a cause of action against the seller, and against the inspector for negligence. You would need the repaieman to establish the status of the cooling elements.
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