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Is the seller responsible for a major expense ?
You pick up keys and enter home. In the process you find the Air and heat system are debunked and will take 10,000 dollars to replace. Is the seller liabile to replace the unit. paid $500,000 for home
Asked By Mary | Salem, OR | 1202 views | Finance Legal Info | 1 month ago
Answer(12)
Jason Craig
Coldwell Banker
Mary, that’s a tough situation. In most cases in Oregon, once you’ve closed and the keys are in your hand, the seller isn’t automatically responsible for repairs unless the system was misrepresented or hidden during inspections. That’s why inspections and disclosures are such a big part of the process. If the HVAC issue wasn’t caught, it usually falls on the buyer—though you may want to check your purchase contract and talk with your agent or attorney to see if there’s any recourse.
- 1 month ago
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Johnny Sarkis
Keller Williams Solutions
I recommend that you consult with an Attorney for a definitive answer.
- 1 month ago
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Karen Burkardt
Realty One Group
No, once you’ve closed on the home and taken possession, the seller is generally not responsible for repairs or replacements unless the purchase contract specifically stated that the system had to be in working order or the seller knowingly failed to disclose a defect. If the HVAC system was working (or at least not disclosed as defective) at the time of inspection and closing, the responsibility usually shifts to the buyer after closing. This is why inspections and home warranties are important, because they help uncover or protect against large expenses like this.
- 1 month ago
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Jennifer Jefcoat
Epique Realty
Is this your final walkthrough prior to closing? If so, you can ask for it to be replaced prior to closing and negotiate that term. If you have already purchased the home and the a/c goes out, unfortunately, you would be on the hook for that. Unless you can prove that the seller knew the HVAC was out prior to closing. In that case, I would consult with an attorney.
- 1 month ago
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Kristi Newcomb
Newcomb Realty Group powered by eXp
Buyers have the chance to inspect the property prior to closing (final walk through). If the HVAC (air/heat system) was working or wasn’t flagged, and the sale closed, then the responsibility typically transfers to the buyer. Once you’ve signed the documents, funded, and picked up the keys, the home (and all its systems) becomes yours. Unless there was fraud, misrepresentation, or concealment by the seller (like knowingly covering up that the unit didn’t work), the cost to repair or replace usually falls on the buyer. Unless the buyer unless you can prove the seller knowingly hid the defect.
- 1 month ago
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Frosy Trapezountios
Real Broker LLC
No in Texas, sellers are generally not responsible for major repairs like a broken HVAC system after closing. Once you take possession, the home is sold “as is.” The only exceptions are if the seller misrepresented the condition or failed to meet specific contract terms.
- 1 month ago
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Nancy Moore
Gibson Sotheby\'s International Realty
When selling a home in Needham, MA, or the Boston suburbs, sellers often ask about major expenses. While some costs—like real estate agent commissions, closing fees, and agreed-upon repairs—are typically the seller’s responsibility, unexpected issues discovered after closing are usually not the seller’s liability. For example, if a buyer discovers that the air and heating system is failing after taking possession of a $500,000 home, the seller generally is not required to replace it unless it was misrepresented or concealed. Working with a top Needham Realtor like Nancy Moore ensures both buyers and sellers understand their responsibilities, navigate the Metrowest Boston market with confidence, and minimize surprises during the transaction.
- 1 month ago
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Melissa Zimmerman
Berkshire Hathaway Carolinas Realty
In North Carolina, home sales are typically "as-is" unless otherwise negotiated, which means the seller is not automatically responsible for any major repair expenses. While buyers often request repairs after a home inspection, the seller is under no obligation to fix anything unless it’s agreed upon in writing during the negotiation process.
That said, many sellers choose to make reasonable repairs—or offer a credit—to help keep the deal moving forward. As your Realtor, I help navigate these situations strategically so everyone walks away feeling confident and informed.
That said, many sellers choose to make reasonable repairs—or offer a credit—to help keep the deal moving forward. As your Realtor, I help navigate these situations strategically so everyone walks away feeling confident and informed.
- 1 month ago
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Bill Kibby
RE/MAX Realty One
In most states you buy a home with the premise that the buyer beware. That means major and minor expenses are yours. That is why I always recommend buyers have a home inspection so they find issues before the sale closes and have a chance to negotiate to get them repaired or compensated before the home ownership is transferred to the buyer.
- 1 month ago
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Candice Grigg
Real Broker LLC
Did you have a Due Diligence period and a formal inspection? Did the Seller dislcose on the Seller's Real Property Disclosure Statement of any problems relating to HVAC? Did you use a Realtor? Curious why your realtor is not involved...
If your inspector did not advise you of age or condition concerns and Seller stated nothing about it on the state required Seller's Real Property Disclosure Statement, and you did not address any concerns prior to closing and signing final walk through before closing than you may not have any recourse. If you find evidence via a HVAC Company that was consulted, Home Warranty or Insurance claim that Seller was notified or had knowledge of a defective HVAC and the Seller did not state it on their Seller's Real Property Disclosure Statement then you can revisit reclaimation from Seller. If Seller is deceptive or omits this knowledge and you can prove that they knew then you can take action. Here is a link explaining more about why this form is so important. Consult with a Real Estate Attorney for specific action possible. https://q-law.com/q-law-articles/oregons-seller-property-disclosure-law/
If your inspector did not advise you of age or condition concerns and Seller stated nothing about it on the state required Seller's Real Property Disclosure Statement, and you did not address any concerns prior to closing and signing final walk through before closing than you may not have any recourse. If you find evidence via a HVAC Company that was consulted, Home Warranty or Insurance claim that Seller was notified or had knowledge of a defective HVAC and the Seller did not state it on their Seller's Real Property Disclosure Statement then you can revisit reclaimation from Seller. If Seller is deceptive or omits this knowledge and you can prove that they knew then you can take action. Here is a link explaining more about why this form is so important. Consult with a Real Estate Attorney for specific action possible. https://q-law.com/q-law-articles/oregons-seller-property-disclosure-law/
- 1 month ago
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Amanda Courtney
REP Realty Group
In most real estate transactions, who pays for major repairs or expenses depends on what is negotiated in the contract. In Florida, sellers are required to disclose known defects, but they are not automatically responsible for fixing everything. Often, repairs or credits are worked out during inspections. An experienced agent can help you negotiate so that large expenses are fairly addressed before closing.
- 1 week ago
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Sami Vecchiolla
COMPASS GREATER NY LLC
Mary, I'm sorry that happened to you. Typically once the transfer of title occurs the previous seller is no longer liable for anything with the home. Were you offered a property condition disclosure form on the property?
- 2 weeks ago
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