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Old 09-23-2011, 10:44 PM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,709,355 times
Reputation: 9980

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I was purchasing a converted Condo Unit and required that the HVAC unit be serviced as part of the inspection. That report noted that the condenser had been replaced recently while the rest of the unit was 17 year old original equipment. I balked at this and got into an argument because I demanded the HVAC Unit be replaced. I am awaiting the return of my deposit.

In the meanwhile I found out that in Oct 2010 there had been hail damage to all of these roof units, thus the replaced condenser. Apparently management of the building feels that writing AS IS on the contract absolves them of having to disclose unrepaired storm damage. I am pretty sure Arizona Law requires they do.

Sometimes I am in awe of the greed that has taken over in our society.

 
Old 09-23-2011, 11:19 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,585,637 times
Reputation: 2201
Quote:
Originally Posted by Boompa View Post
...In the meanwhile I found out that in Oct 2010 there had been hail damage to all of these roof units, thus the replaced condenser. Apparently management of the building feels that writing AS IS on the contract absolves them of having to disclose unrepaired storm damage....
Perhaps they considered that replacing the condenser was sufficient repair? Besides the age of the unit, was it in working condition?

The AZ standard Seller's Property Disclosure form does ask if there was any past or present roof problems. Did they fill out the form?

Last edited by rjrcm; 09-23-2011 at 11:30 PM..
 
Old 09-24-2011, 06:28 AM
 
Location: The Triad
34,094 posts, read 83,020,975 times
Reputation: 43671
Quote:
Originally Posted by Boompa View Post
I was purchasing a converted Condo Unit and required that the HVAC unit be serviced as part of the inspection.
What does "serviced" mean to you? (in this context especially)

Quote:
That report noted that the condenser had been replaced recently
That's a good thing.

Quote:
while the rest of the unit was 17 year old original equipment.
17years is within the useful life of a furnace. (Mine is 22)

Quote:
I balked at this.
Based on what?

Quote:
...and got into an argument because I demanded the HVAC Unit be replaced.
You just said it was replaced.


Quote:
I am awaiting the return of my deposit.
based on what?

Quote:
In the meanwhile I found out that in Oct 2010 there had been hail damage to all of these roof units, thus the replaced condenser.
Good for them.

Quote:
Apparently management of the building feels that writing AS IS on the contract absolves them of having to disclose unrepaired storm damage.
What is "un-repaired"?

Last edited by MrRational; 09-24-2011 at 07:58 AM..
 
Old 09-24-2011, 08:18 AM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,709,355 times
Reputation: 9980
This is Phoenix, you aren't going to need a furnace but you will die quickly without Air Conditioning.

This being the fifth house i have bought in Arizona, I know that the Seller is required to disclose storm damage so the buyer can ensure it is repaired before settlement. Ten years ago I found and overdue electric bill on my final inspection and the Title Company refused to allow settlement until months of overdue utilities were paid.

This 17 year old air conditioner needs replacement and is probably in the "we don't make those anymore" catagory. It is on the roof which means it could cost many thousands to purchase and install
 
Old 09-24-2011, 08:20 AM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,709,355 times
Reputation: 9980
Quote:
Originally Posted by rjrcm View Post
Perhaps they considered that replacing the condenser was sufficient repair? Besides the age of the unit, was it in working condition?

The AZ standard Seller's Property Disclosure form does ask if there was any past or present roof problems. Did they fill out the form?
I hadn't recieved that yet, we were going to the title company after the reinspection, things broke down before that.
 
Old 09-24-2011, 10:32 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,585,637 times
Reputation: 2201
Quote:
Originally Posted by Boompa View Post
This is Phoenix, you aren't going to need a furnace but you will die quickly without Air Conditioning.

This being the fifth house i have bought in Arizona, I know that the Seller is required to disclose storm damage so the buyer can ensure it is repaired before settlement. Ten years ago I found and overdue electric bill on my final inspection and the Title Company refused to allow settlement until months of overdue utilities were paid.

This 17 year old air conditioner needs replacement and is probably in the "we don't make those anymore" catagory. It is on the roof which means it could cost many thousands to purchase and install
Since you did not yet get the SPDS, how do you know the storm damage was not going to be disclosed?

Did your inspection show any damage that was not repaired? You said they already repaired the HVAC.

If the HVAC is in working condition and had the condenser replaced, then it does not "need" replacement. The seller's may have been justified in disputing your demand to replace the unit. However, you are within your right to cancel the purchase within the inspection period.
 
Old 09-24-2011, 02:14 PM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,709,355 times
Reputation: 9980
Quote:
Originally Posted by rjrcm View Post
Since you did not yet get the SPDS, how do you know the storm damage was not going to be disclosed?

Did your inspection show any damage that was not repaired? You said they already repaired the HVAC.

If the HVAC is in working condition and had the condenser replaced, then it does not "need" replacement. The seller's may have been justified in disputing your demand to replace the unit. However, you are within your right to cancel the purchase within the inspection period.
Because when I brought it up they balked and told me the sale was """AS IS"""
 
Old 09-24-2011, 03:04 PM
 
Location: The Triad
34,094 posts, read 83,020,975 times
Reputation: 43671
Quote:
Originally Posted by Boompa View Post
Because when I brought it up they balked and told me the sale was """AS IS"""
So? And I mean that even if they didn't make it clear that the sale was "as is" in advance (as virtually all homes are).

If the only "defect" in a 17yo homes is that the house comes with a brand new a/c condenser...
I'd call that pretty good.
 
Old 09-24-2011, 03:33 PM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,709,355 times
Reputation: 9980
Quote:
Originally Posted by MrRational View Post
So? And I mean that even if they didn't make it clear that the sale was "as is" in advance (as virtually all homes are).

If the only "defect" in a 17yo homes is that the house comes with a brand new a/c condenser...
I'd call that pretty good.
and an A/C system badly damaged in a hail storm. The condenser is inside the unit.
It's availble if you want it, I'll certainly pass
 
Old 09-24-2011, 03:56 PM
 
Location: Morrisville
1,168 posts, read 2,505,374 times
Reputation: 1115
I'm still confused as to how in the hail you got hail in AZ.

^ yeah....I meant to type that

You say that the A/C unit was on the roof and badly damaged yet the compressor was replaced. What other component was badly damaged? The metal box that sits over the compressor?

Sounds like you walked away due to cosmetic issues. Good luck getting your deposit back.
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