Selling home

[netjersey]

My jurisdiction is: Florida

We are in a contract to sell an inherited home. Both siblling do not reside where the home is. The selling price was agreed on , the home was inspected. We sent our handyman in to complete items we felt were valid claims. The buyers are insisting we hire a licensed HVAC person to approve the working condition of the HVAC unit. We don't belieive that it is warranted since we spent 3 weeks in the home and had no problems with its function. According to the contract appliances need to be funtional at time of closing. The inspector reccomended it be looked at due to what he called excessive vibrating of the sysytem. We do not believe it is vibrating excessively nor that it has anything to do with the functionality of the unit. Must we hire an licensed HVAC technician?

ALso, more importantly. We made an offer, up for negotiation, to our realtor to ask the buyers what they actualy wanted done with the minor repairs on the roof. Would they accept a credit at closing to have the repairs done by themselves or would they prefer we have it fixed? We also spoke to her about the above issue trying to find out whether a licensed person is warranted. Our realtor responded in email the next day with the buyers realtor email attached. It stated .....Since the buyer's realtor decided to have our handyman do some work for her in her own home after she saw his work in our home, she called our handyman and asked if he could go into our house after the weekend and fix other things from the inspection report and get a licensed HVAC person in to look at the system. She assured him he would get paid at closing from us the sellers. We never consented to this. We told our handyman he is not permitted into our house until furthur notice. Can you please advise on whether or not laws were violated? We believe there is a conflict of interest here, as well as a code of ethics issue. What recourse do we have. Our realtor replied by email to us after we called her out on this, and said she had nothing to with it. However in the prior email she said "The list is very short and if you want to call your handy man to get his prices" tells us that though she was not part of the buyers realtor's misconduct she obviously was not objecting to it. Please advise

Thank you in advance for your help.

 

[dee_dub]

You've got a home inspector's statement that it should be inspected by a licensed HVAC technician. On the other hand, you have your own opinion. I know which one I would trust. I also know which one a court would find more persuasive in the event the buyer walked and you tried to sue them for breach of contract.

Can you clarify what your second question is? It sounds like the buyer's agent made representations to the handyman that he would get paid for doing some work out of your proceeds from the sale, which you never agreed to. I'm not familiar with the real estate laws of your state, so I can't say whether that is a breach or not. Even if it was, how have you been harmed by it?

 

[netjersey]

You've got a home inspector's statement that it should be inspected by a licensed HVAC technician. On the other hand, you have your own opinion. I know which one I would trust. I also know which one a court would find more persuasive in the event the buyer walked and you tried to sue them for breach of contract.

Can you clarify what your second question is? It sounds like the buyer's agent made representations to the handyman that he would get paid for doing some work out of your proceeds from the sale, which you never agreed to. I'm not familiar with the real estate laws of your state, so I can't say whether that is a breach or not. Even if it was, how have you been harmed by it?

DID the buyers realtor violate any laws by asking our handyman to go back into our home and get a licenced HVAC person to look at the system without our permission ?We own the home. And to hire another worker to go into our home would cost money, which she is saying we will pay at closing. which we have not agreed to. We are still trying to get our realtor to expain why we need to hire a licenced person when a warranty item must be functional. It does what it is suppose to do. We are not the builder why would we need to guarantee it?
Please help soon.....closing is this week
Thank you

 

[dee_dub]

DID the buyers realtor violate any laws by asking our handyman to go back into our home and get a licenced HVAC person to look at the system without our permission ?

Back up. I thought no-one had gotten a licensed HVAC person to look at the system yet, the buyers were just insisting on it.

If you didn't agree to pay the handyman, then don't, and tell her not to make representations on your behalf. I'm not sure why this is a big deal - it doesn't sound to me like you've been harmed by it. If you want, ask your realtor if it's a breach, and what you can do about it.

I'm guessing the buyer or their realtor is concerned that, despite being functional, the HVAC has some problems. How old is the house? You can probably either a) give them a warranty on it, so if it busts you are on the hook for the repairs; b) get a HVAC technician in to inspect it and evaluate what the prognosis is, and maybe adjust the purchase price accordingly; or c) don't give a guarantee or an inspection, and take a chance that they will walk.