By:Barry Stone
Dear Barry,
My home inspector checked the home I'm buying and reported that the air conditioner is old, with limited remaining life. At first, this did not strike me as a serious problem, so I did not include it in my list of repair requests to the sellers. But then my homeowners insurance company stated that they regard the system as a fire hazard because it runs on gas, rather than electricity. When I asked that this problem be added to the sellers' repair list, my agent said it was too late to do this. I'm very unhappy about this situation and feel that the seller should replace this old, antiquated system. What do you recommend? -- Paul
Dear Paul,
As a buyer, you can make any number of repair requests of the sellers, but they are not necessarily obligated to comply. Such requests are usually negotiable and dependent in large part upon the terms of the real estate purchase contract. If the property is being sold as-is, this is doubly the case.
If the existing air conditioner is currently operational, the seller is probably not be required to replace it, regardless of its age or condition. If your contingency period for approving the home inspection has not expired, you may be able to add a repair request to your wish list, but the seller may still retain the right to decline. At that point, you will have to decide whether or not to proceed with the purchase.
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