[WSBARP] misrepresentation - purchaser HVAC

[Marc Holmes]

Also see Douglas v. Visser from February last year.  Division I is a fan
of caveat emptor when the buyer is on notice of a possible defect.

 

http://www.courts.wa.gov/opinions/pdf/672428.pdf 

 

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

 <mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: Marc Holmes [mailto:marc at holmeslawgroup.com] 
Sent: Wednesday, March 19, 2014 5:35 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: RE: [WSBARP] misrepresentation - purchaser HVAC

 

As far as inspector negligence goes, my experience has been that an air
conditioner can’t really be tested or thoroughly inspected below a certain
outdoor temperature (55 degrees I think).  You might see if that also
applies to a heat pump compressor.  Also, many residential inspectors will
only do a cursory inspection of heating/cooling systems and usually CYA
themselves in the report by recommending a follow up HVAC inspection.  

 

 

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

 <mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Rich Holland
Sent: Wednesday, March 19, 2014 5:21 PM
To: <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] misrepresentation - purchaser HVAC

 

It's emerging law but inspectors can be sued for "professional negligence"
too ... 


On Mar 19, 2014, at 5:09 PM, "Josh Grant" <jgrant at accima.com> wrote:

Client just bought a home.  Condition checklist said "no problem with
heating system".  Moved in less than a week.  Heat pump was not good and
to fix it will be $8000.

There was also an inspection, and it isn't clear to me what the inspection
guy said, but I am getting a statement. I think he said there was a minor
problem.  THe new HVAC firm says they are worried that the compressor was
no longer working.

 

I am assuming that this problem was very noticeable to seller.  At  one
time I thought that the representations on the property condition
checklist only were actionable til closing..  But it seems I have seen
some cases that might allow a claim against the seller. 

 

Anyone have the authorities on misrepresentation regarding the checklist?

 

Josh

 

Joshua F. Grant
Attorney at Law
P.O. Box 619
Wilbur, WA 99185

 

t 509 647 5578
f 509 647 2734

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Bar Association nor its officers or agents. 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
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