Hi everyone. I hope I am posting this in the correct place, if not please feel free to move it to the correct location.

A little information to lead up to the problem at hand. I learned I had to relocate in March of 2008 so we immediately put our 14 year old home (which we owned and lived in for 3 years) up for sale and was fortunate to have it under contract within a month or so. Huge plus in this market we thought! Oh, but it gets even better! Our buyers waived the home inspections, waived a mortgage contingency (paying cash) and was really eager to get moved in. We were esctatic, as this move was more or less forced on us so any thing that could go well at this point was considered a blessing and let me tell you we considered this a definate blessing in our time of trial. So anyhow, closing day came and went in July, we moved into our next home and proceeded to try and get our lives back on track again.

Fast forward to last week. We receive an email from our realtor saying that the buyers claimed the central air quit working two weeks after closing. They had a repairman out who stated that the refrigerant was low and they refilled it and would check back at a later date. They said the repairman came back in a week and proclaimed all the refrigerant had leaked out that he put in. He proceeded to pressurize the system with nitrogen or something and found a total of 5 leaks. He then proceeded to tell the new owners that the system is too old to repair and wouldn't be worth it and both the inside and outside units need replaced to the tune of nearly $4,000. They sent these official letters to my realtor with their professional opinion stating that these leaks could not have developed in the two weeks they owned the house and also sent a quote to my realtor. Now, they haven't asked me to pay anything yet, but I know it's coming and I am at wits end here.

Here's what I know. The A/C worked great up until the second we walked out the door. That is to say we never had any trouble with it. In fact it was serviced the year before and the technician only recommended that we put a condensate pump in rather than allow the condensate to drain into the dry well in the basement floor which we did.

I never made any claims to the age of the unit nor did I know of any problems with it. It worked for us just fine and the service guy never gave us indication of any problems brewing.

I guess, my questions are what are my responsibilities here? Could the technician have caused leaks when he "pressurized the system"? Am I being taken for a ride?

I am seriously tapped out. I don't know what to do here. Any thoughts? Am I between a rock and a hard place here?

I "Might " make a call to the Repairman that I had used to service the unit previously. Believe it or not; sometimes New Home Owners are seen as easy pickins by people who not only repair Appliances, Furnaces and Air Conditioners; But also SELL them.

If it ever gets to the point that you are anticipating, I think you will feel much more comfortable having had this conversation with your "Old" Service Company; who might well be bemused by the claims now being verbalized !

A whole house Air Conditioner working 14 Summers in the blistering hot conditions of Pennsylvania might be considered just broken it by some.

A second opinion might well be in order; provided that the "New" Service Company hasn't irreversably gaffed the unit up. I sounds like you had a decent working relationship with the "Old" Service Company. I think you will find that you are in good shape.

I have thought of these suggestions. The only thing I am worried about is this. If I arrange for a second repairman to come out does that imply some level of guilt on my part? I mean really, how much involvment on my part is too much. I am sort of thinking any at this point is simply to much and would imply some guilt on my part. I really don't feel like I am in the wrong and really want to tell these people to shove it. But that won't make the problem go away.

You should read your purchase contract and consult with an attorney to understand your liabilities. If your buyers waived the inspection contingency, then they essentially bought the property as-is. In AZ, we have a warranty section that says equipment will be in the same condition at closing as when the contract was accepted. Beyond that, it's usually the buyer's responsibility.

I'm not suggesting that you "do" anything except make a phone call and speak to someone who is familiar with the Unit under question; just to ascertain whether what has been described is within the realm of possibility . . . . that 5 leaks could have all developed together this quickly?; AND whether that Unit is SO OLD as to be beyond repair? Hopefully the same person who serviced the Unit last year is still on their Payroll.

If the answers to either of these questions is NO; then I think you will know what kind of entity you're dealing with as far as the Buyer's Contractor is concerned. This is for YOU only; and to make you comfortable, and maintain a Poker Face if you are ever approached in the future.

Beyond that phone call, I wouldn't do anything except get some mental satisfaction or comfort that you left the Unit is good repair and you will know that were they to consult with your "Old" Service Company, they'll get a different read on things. Hopefully, the "Old" Service Company and the "New" ARE NOT one and the same.

Regardless, it wasn't portrayed as a New House, and you didn't Warrant anything about it except probably, The Title.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information.

The only thing that will make the problem "go away" is for an Attorney to review your documents.

Now from the info you have given, I would say that you are free to sleep well tonight. I don't see where you did anything wrong. Once again though, thats just your side of the story and I am not an Attorney.

No legal advice here!!

Now that that's out of the way here is what I think.

The buyers waived there right to an inspection.Buyers have a "right of there own inquiry" to do any due diligence they deemed necessary. A JUDGE will say to the buyers "why did you not perform an inspection to determine how old or long the unit would last or to test for problems??"

The buyers will say we didn't want to spend the money.The judge will then say CASE DISMISSED!

It's on the buyers to protect themselves and do ALL due diligence relating to buying a home warranty,doing inspections,etc.

I wouldn't do ANYTHING it's not your house it's THERE house.

They would have to prove you knew it wasn't working properly before closing which is not going to happen.

It sounds like the outside unit might have gotten struck by lightning but who knows?Could be anything...

Agree with everyone to get legal counsel. The buyers dropped the ball by not getting an inspection, but I always strongly suggest an inspection and home warranty if you are the least bit concerned about the age of home/appliances etc. Don't worry & don't sign anything until you have consulted with your attorney, not one that is working for the buyers.