Legal Question in Real Estate Law in Wisconsin

RE, Real Estate, False Property Disclosure (?) for Air Conditioner Repairs

Proving that a seller had prior knowledge of a home mechanical problem, and that the seller's disclosure statement was therefore a misrepresentation, can be difficult. Evidence of prior repairs can help, although it also shows an effort to fix the problem. Depending upon what type of work was done and how the old repairman evaluated the unit's chances to remain in good order via the repairs, the seller could have believed in good faith that the issue was successfully fixed. On the other hand, if the seller was clearly purchasing only a cosmetic repair for purposes of sale which was unlikely to succeed, guilty knowledge might be inferred. Home inspectors are often the only party with a legal responsibility to advise potential buyers on the condition of the home and its mechanical systems. Sellers, on the other hand, are only legally responsible to advise on a few known issues which are addressed by the disclosure forms. If the inspector negligently inspected the unit and failed to find an obvious problem, one may have a claim against the inspector. For that reason, it is important to hire inspectors who are fully insured and who do not force their customers to sign any liability waivers, since inspectors are often the buyer's only protection or legal remedy. Additionally, home warranty insurance can be a good option to cover such problems, although the coverage is often so limited as to be worthless, particularly for foundation failures. It is therefore important to read the detail in such policies closely prior to purchasing them. One final word to the wise--use common sense in your expectations when buying older homes. All home structural systems and mechanicals eventually fail with age and require repair/rebuilding. Potential buyers would always be wise to request repair/replacement documentation prior to accepting any offer to purchase. These comments are not intended as legal advice and do not create any attorney client relationship.