Kathleen Daniels, Probate & Trust Specialist, Probate Real Estate  (KD Realty - 408.972.1822)

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Rainmaker
5,440,957
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

that listing agent should be dragged out back and punished severely....

that needed to be disclosed....that's not a bonus if it works...it needs to work or it needs to be disclosed that it does not work.... and one more step should be taken and that's a bid or two for fixing it....

Aug 31, 2017 09:00 AM
Rainmaker
1,417,877
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Kathleen Daniels I say the AC probably doesn't work and the seller is trying to get out of repairing it. In my State the AC/Furnace is required to be in working order per the contract. Furthermore unless the AC is made up of window units the house unit is considered a fixture.

Aug 31, 2017 09:59 AM
Rainmaker
526,996
Kathryn Acciari
Century 21 Real Estate - Shrewsbury, MA
Brand Ambassador and Business Coach

The listing agent does not own the property so there is no "we" offering A/C. The seller stated that it works, so it should work. Now, call in the attorney, or put in the offer/contract that A/C will be delivered in working condition.

Aug 31, 2017 08:48 AM
Rainmaker
5,001,825
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Wow,

That should have been disclosed at the outset.   Why is it a bonus?  Maybe it works or maybe it does not?  If I were the buyer, I would say pass!  I would be wondering what else will pop up if I bought the house.  A

Aug 31, 2017 09:26 AM
Rainmaker
1,376,812
Wayne and Jean Marie Zuhl
Samsel & Associates - Clark, NJ
The Last Names You'll Ever Need in Real Estate

I think Central Air Conditioning is a fixture, window units are not.

Aug 31, 2017 10:52 AM
Rainmaker
3,563,469
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I don't know about California, but HVAC systems are part of the integral mechanicals of the home in NC and are disclosed by a seller as to their working condition. (Not good to lie.) 

Aug 31, 2017 10:20 AM
Rainmaker
2,569,903
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Its like saying does this, dirt tree or bush go with the property? Yes it does. Anyone who wants to go rogue on ethics can but not with me....

Aug 31, 2017 10:03 AM
Ambassador
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

It is a fixture unless it is a window unit.

Aug 31, 2017 09:45 AM
Rainmaker
3,729,948
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

It seems a bit sneaky, doesn't it?  Last year, I showed a client a "flipped" house.  In the multiple listing it stated the property had a central air conditioning.  

I could not find a compressor and called the listing agent who told me he had never seen the property in person(two counties away) and needed to call the owner -- who also wasn't sure.   Yes, true story.  

PS --Photos in the previous listing where the flipper purchased the home showed window units in two photos.   My client passed when it was "revealed" not "disclosed" that a/c had not been installed.   

Aug 31, 2017 09:41 AM
Ambassador
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Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      Is it a "Seller Warrants" contract, or an "As Is" contract?

 

 

Aug 31, 2017 09:23 AM
Rainmaker
1,763,557
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

I would say it is absolutely included, and I don't think the agent denies it, but to me it's implied that it IS working and that seems to be the real issue here Kathleen Daniels 

Aug 31, 2017 09:05 AM
Ambassador
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Anna Banana Kruchten CRB, CRS, Broker, Instructor
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

HVAC is part of the contract and it is handled during inspection period. If it's not working properly we ask seller to repair. Our sellers always repair - in fact we have a pre-inspection before going on market and fix any issues.

Aug 31, 2017 05:12 PM
Rainmaker
585,620
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Since when is a listing part of the contract?  It's not.

Unless the Sellers disclosure is made part of the contract, that is irrilevant also. Just because it is submitted at the same time does not make it part of the contract.  The only thing that matters is what the contract says.

The AC is part of the house and being sold as such...it is relevant and needs to work.

Eve

PS:  thank you for the good laugh...

Aug 31, 2017 05:03 PM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Let me guess - this is the agent whose seller is 'gifting' items that were noted to be SOLD in the Contract?!

In NC, HVAC is not mentioned on our Contract but, it is mentioned in our Disclosures. If the seller noted that the HVAC works on his Disclosures, it matters not what the agent wrote in MLS...

UNLESS, of course, he adds it to MLS and it's truly NOT present! 

I think the agent KNOWS that the HVAC doesn't work and that's why he DIDN'T include it in MLS. Why else would it not be included in MLS?

If this is the same guy, I predict his days as an agent are numbered. 

Aug 31, 2017 04:26 PM
Rainmaker
478,228
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

If the AC unit is a window unit, it could be considered personal property and not be included in the sale. If it is a HVAC system, of course it is included and the status of the system needs to be disclosed and should be subject to the buyer's inspection.

Aug 31, 2017 01:57 PM
Rainmaker
3,570,463
Richard Weeks
Dallas, TX
REALTOR®, Broker

HVAC is included as an improvement in our contract.  If it is there it stays unless buyer and seller agree it will be excluded.  It does not say the HVAC must be in working order.

Aug 31, 2017 12:11 PM
Ambassador
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John Meussner
Mason-McDuffie Mortgage, Conventional Loans, Jumbo Loans, FHA, 203(k), USDA, VA, - Walnut Creek, CA
#MortgageMadeEasy Walnut Creek, CA 484-680-4852

Mesays it's gonig to be 105 degrees this weekend - that AC better work.

If it's disclosed that the AC works, I'd say the buyer has a legitimate expectation that.....the AC works???  I don't think it's a bonus to expect the disclosures to be accurate.

Aug 31, 2017 10:40 AM
Rainmaker
1,631,411
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

It should go with the house BUT no one followed up with that little hint that the thermostat battery didn't work. Noted at inspection - should work.

In our area, seller always states that heat & AC work.

Aug 31, 2017 10:40 AM
Rainmaker
1,076,700
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Attached it's part of the house, that agent is off his or her rocker.

I don't put the toilets convey either, but they do. That agent clearly has not read our CA RPA very closely. 

Sep 01, 2017 05:06 AM
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

ROFL!!  Ummm...Listing Agent....READ THE CONTRACT!!!!

Sep 01, 2017 03:26 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Sounds like an "as is" situation.

Aug 31, 2017 10:11 PM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Kathleen Daniels - let go!

Aug 31, 2017 10:01 PM
Ambassador
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Tricky question. I think the agent should have stated it was there and if the seller didn't want to assure it worked, then state it is not warranted.

Aug 31, 2017 08:32 PM
Rainmaker
781,352
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

I say it WAS included, no question and it needs to work!

 

 

Aug 31, 2017 06:41 PM
Rainer
116,985
Christine Kankowski North SD and Temecula
House Match Inc - Poway, CA
Excellent Sales and Property Management

It could be requested in a request for repairs.  Buyers can inspect al they want.  If there was not power to it, they could have requested power be turned on, or checked to see if it worked some other way.

After closing it is too late to go back.

It is very possible that between the time of the disclosure and the time of buyer trying it after closing that it broke.  Since it was never tested during inspection, buyer will never know.. I do think it was up tot he buyer to confirm that it worked, or as for it to be repaired prior to escrow closing. 

The words of the listing agent are pretty lame.  THe fact that he/she didn't put in on the MLS is not the issue, since it was on the dislosured that it did.  SOmehow in the meatime... it stopped working.

I've have about 12 AC;s go out this month in the property mgmt area, so they do break.

Aug 31, 2017 06:32 PM
Rainer
86,464
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

  The agent is a moron. So if a central heating system was NOT mentoned in the MLS it would be considered a "bonus" because it is there? So you've got three options-back out of the deal due to the reports from your due diligence, ask the seller to deliver at close a working AC as per their TDS, or your Buyers can take it as is. 

  Just be glad it wasn't represented as a Julia Morgan and you discovered a day before close! Oh wait, that happened! The folks closed the escrow, sued over misrepresentation and WON!  Your client's decision. 

Aug 31, 2017 05:58 PM
Rainer
44,691
Dan Capra
LAER Realty Partners - Lowell, MA
Listing/Buyer Agent

The seller stated that the a/c works. If I am the buyer, I want the a/c back in working order...

Aug 31, 2017 03:04 PM
Rainmaker
798,287
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

A potential $6000.00 repair bill is a bonus? We just had ours replaced. $6700.00

Aug 31, 2017 02:11 PM
Ambassador
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Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

What does the sales contract say?

Aug 31, 2017 10:23 AM
Rainmaker
4,798,978
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

The AC is attached should be included and if it doesn't work, it affects the living conditions of the home.

Sep 01, 2017 07:02 AM
Rainmaker
5,975,228
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Another good reason to require power during the home inspection. 

Sep 01, 2017 06:54 AM
Rainmaker
3,707,518
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

If the equipment is a fixture, which it most often is, the listing agent is screwed if the seller does not step up! Hope his E&O is up to date and he is prepared for a significant hike in premiiums or to be dropped!

Sep 01, 2017 06:38 AM
Rainmaker
3,207,439
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

If it is a built in system, like central air, it should be working. If a wall unit or window, then can be easier replaced. 

Sep 01, 2017 05:53 AM
Rainmaker
1,937,593
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

It would become s negotiable point ?

Sep 01, 2017 05:46 AM
Rainmaker
3,985,587
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Is it a window unit ore  a central system.

 

Central system is an attached item and stays with or with out being designated

Aug 31, 2017 08:40 PM
Rainmaker
4,432,971
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Legal question.

Aug 31, 2017 05:57 PM
Rainmaker
1,526,418
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

I just read this question. 

Agree - AC is not a bonus.

 

Sep 01, 2018 07:33 AM
Rainmaker
4,440,339
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If it is listed as included, it needs to work.  
Disclosure is needed.

Sep 03, 2017 12:20 PM
Rainmaker
3,530,026
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I get so upset at people that leave things off the property disclosure and the listing information on MLS.  

Sep 03, 2017 08:08 AM
Rainmaker
1,598,888
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

We make sure the seller provides utilities for a proper inspection If an REO, then the buyer should be allowed to activate the power and water service, even if temporarily then the due diligence of a licensed home inspector should be relied upon. In this case, I would have the buyer sign off on your liability and acknowledge his willingness to forgo the inspection process. I would stop everything unless this is done, or inspection is completed.

Sep 01, 2017 12:24 PM
Rainmaker
1,315,892
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Figuring how I just got my buyers a big credit because the agent put AC in the MLS, insisted it had it AND had the sellers check AC on the disclosure statements... and there was NO AC at all... I'd say the seller is liable for the AC since they are stating that it is there and working. 

 

The sellers are potentially misrepresenting the condition of the property and can be held legally liable. 

What I would do is:

  1. Look around the house and roof for a compressor.
  2. Check the breakers to see if there is a tripped circuit preventing the thermostat from getting power.
  3. Make sure everything is plugged in in the furnace closet

On my deal: 1) There was none, yet the agent still insisted it had AC even though she couldn't find a compressor.  2) No tripped breakers.  3) Thermostat didn't have power because of an unplugged power cord in the furnace closet.

Sep 01, 2017 09:21 AM
Rainmaker
1,042,682
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

Wonder how that all worked out would imagine that could easily have involved lawyers...

Sep 27, 2018 06:06 PM