On 26 Mar 2007 06:43:38 -0700, wrote:



This is a good example of how not to do things when you find an
inspection defect that has to be fixed on a home purchase. You
should have negotiated a credit from the seller, based on estimates of
what it would cost to repair the unit. Then, you could have chosen
your own contractor, made sure they replaced the whole system, etc.

There is also the question of privity. If the seller hired the
contractor, then the buyer has no legal relationship with the
contractor and would have to sue the seller.

Also if there were a 1 year guarantee on the work, like a fence, the
seller might be able to sue the contractor but the guarantee would not
normally transfer to the buyer

For example, how old is the rest of system? If it's 20 years old, you
would have been better off changing the whole works, including
evaporator and air handler. As a seller, I would not feel obligated
to do all that work. I would want to hold down the cost and agree
to only replace what is clearly defective. Meaning, I would give you
a credit for the cost of repair and then you can choose what to do.
Most likely, you'd pay some more and then replace the whole thing,
have a more efficient unit, have it done right, etc.