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That there was a cracks in the heat exchanger inside of the furnace. Our repair man stated that they should have heard banging or popping sounds during the last winter when they used it. I'm just going by what our guy is saying that this issue was not new and that somebody should have noticed something wrong.
I think the chances of getting any money from the sellers based on this post are zero. All you are going to do is waste time and money.
That there was a cracks in the heat exchanger inside of the furnace. Our repair man stated that they should have heard banging or popping sounds during the last winter when they used it. I'm just going by what our guy is saying that this issue was not new and that somebody should have noticed something wrong.
I would chat with your home inspector. He should have seen the cracks in the heat exchanger. If the furnace is in the garage it is very likely they didn't hear the pops and bangs. I have also had clients that had cracked heat exchangers that the home inspector saw during the presale inspection. None of them to date had any idea there was something wrong with the furnace. So while I appreciate that your furnace guy says they should have known, it has been my personal experience that they didn't. A cracked heat exchanger is a big deal. I have no idea how the inspector missed that.
Yes, it would have been nice if they told you there was a broken opener there, but they did say you weren't getting one. So I don't think you have a case there, except to ask them to haul it to the dump for you. You bought it knowing you'd have to put one in yourself. If the springs are in good shape, this will be cheaper as you will only need a new unit. I have no idea why your agent didn't see it there. That makes no sense and I'd have a conversation with them about their "walk through."
Thanks for all the answers, althought I do feel that the sellers didn't disclosed & the inspector missed the issues with the furnace. I just don't know how to prove any of this or if it is going to waste my time running around in circles.
BTW we found out about the automatic garage door opener until the day we moved in, while didn't the sellers just state the the opener was broken instaed of lying? How did both agents not walk in the garage & see the opener bolted to the ceiling?
I don't think they lied. They said there wasn't one. If there is one and it doesn't work isn't that the same thing? That's just nit picking. As far as the furnace goes, things break and no one has a crystal ball to tell you when it will happen.
I think the chances of getting any money from the sellers based on this post are zero. All you are going to do is waste time and money.
Agree, that is the likely outcome.
The seller disclosed there was no garage opener (broken is essentially no opener). Although it would have been more clear to state that the opener was broken and as-is. Either way, you had no expectation that a functioning opener was included.
Your own inspector checked the furnace and stated it was OK. Proving that the sellers knew of furnace problems would be very difficult.
I would chat with your home inspector. He should have seen the cracks in the heat exchanger. If the furnace is in the garage it is very likely they didn't hear the pops and bangs. I have also had clients that had cracked heat exchangers that the home inspector saw during the presale inspection. None of them to date had any idea there was something wrong with the furnace. So while I appreciate that your furnace guy says they should have known, it has been my personal experience that they didn't. A cracked heat exchanger is a big deal. I have no idea how the inspector missed that.
Yes, it would have been nice if they told you there was a broken opener there, but they did say you weren't getting one. So I don't think you have a case there, except to ask them to haul it to the dump for you. You bought it knowing you'd have to put one in yourself. If the springs are in good shape, this will be cheaper as you will only need a new unit. I have no idea why your agent didn't see it there. That makes no sense and I'd have a conversation with them about their "walk through."
I agree. If you question anything it should be about the quality of the inspection on the furnace.
That there was a cracks in the heat exchanger inside of the furnace. Our repair man stated that they should have heard banging or popping sounds during the last winter when they used it.
Can you prove that they did hear those noises? Or that they heard them, knew instantly and with the utmost certainty that the noises were caused by a cracked heat exchanger, and decided to do nothing about it?
So I looked this up, in my mind a broken opener is completly different than No opener, plus two agents did the walk through & are now claiming that didn't see the opener. For the furnace, I will be talking to the home inspector to see why he missed the crack.
Virginia has the Virginia Residential Property Disclosure Act which imposes property disclosure obligations on sellers and real estate licensees. In addition, under agency duties, a real estate agent must disclose material facts about the property and/or the transaction. According to Virginia law, real estate agents must disclose all known material facts related to the property or concerning the transaction of which the agent has actual knowledge.
Agents representing sellers must disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property which are actually known by the agent. This refers to the physical condition of the land and any improvements on the land and does not refer to: 1)matters outside the boundaries of the land or relating to adjacent properties 2) matters relating to governmental land use regulations 3) matters relating to highways or public streets. Here's a partial list of material facts that an agent must disclose if they are aware of these conditions: 1) inaccurate representation of lot or improvement size 2) pest infestations 3) toxic mold 4) problems with structural items 5) encroachments or easements affecting use 6) adverse land and soil conditions 7) problems with conditions of appliances 8) potentially uninsurable property 9) problems with condition of electrical or plumbing systems 10)existense of environmental hazards.
Do the garage doors open manually? If they do, I don't see what the difference is myself. And you certainly can't claim that the agents knew about it. It would be your word against theirs.
What expenses do you have assoicated with the garage door?
So, I'm a bit confused. You were told that there was no garage door opener, and went ahead with the purchase. Therefore, you had no expectation that an opener would be included. You then found that the home actually has an opener, but it is broken. What difference does it make? Are you upset that you may need to remove it yourself? Can you manually open/close the garage door? The opener should have a manual disconnect feature.
The furnace is the issue.. the "no garage door opener means NO GARAGE DOOR OPENER
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its the furnace
