Is the seller responsible for a major expense ?

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.

I recommend that you consult with an Attorney for a definitive answer.

Once you close and take ownership, the seller's obligations are essentially done unless there's evidence of fraud or concealment. If the HVAC system was working during the inspection and the final walkthrough, and then failed after you took possession, that's generally your responsibility as the new owner. Systems fail, and the timing is unfortunate, but that doesn't make the seller liable. If the HVAC was not working during the inspection and the seller represented that it was functional, or if the seller concealed a known problem, that's a different situation. Review your inspection report to see what it said about the HVAC system. Review the seller's disclosure to see whether they disclosed any HVAC issues. If the disclosure says the system is in working order and it clearly wasn't, you may have a claim for misrepresentation. If you have a home warranty that was provided at closing, file a claim immediately. HVAC replacement is one of the primary things home warranties cover, and a $10K replacement could be handled for a $75 to $100 service call fee depending on the policy. If you believe the seller knowingly concealed the issue, document everything and consult a real estate attorney about your options. The strength of your claim depends on what the seller knew, what they disclosed, and what the inspection showed.

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.

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.

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.

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.

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.

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.

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.

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/

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.

In most states, including Oregon, once you close on a home and take possession the property becomes yours in its existing condition. The seller does not automatically remain liable for repairs unless your purchase agreement or state law provides otherwise. A few things to consider: • **Seller‑property disclosures:** Oregon requires sellers to complete a property disclosure statement. If the HVAC system was failing and the seller knew about it but failed to disclose it, you may have a claim for misrepresentation. Speak with your agent and a real estate attorney about your options. • **Inspection and due diligence:** Most contracts give buyers the right to inspect the home and negotiate repairs or credits before closing. If the heating and cooling system could not be tested (e.g., weather or utilities off), that should have been noted and addressed in negotiations. After closing the ability to seek repairs is limited. • **Home warranty:** Some sellers include a one‑year home warranty that covers major systems like HVAC. Check your closing documents to see whether you have a warranty and whether the HVAC failure is covered. • **Contract terms:** Review your purchase agreement. Unless it included a survival clause or warranty for mechanical systems, the house was likely sold "as is" and the buyer assumes responsibility at closing. If the seller deliberately concealed a known defect or breached the contract you should document the issue and consult an attorney to discuss potential recourse. Otherwise, major system failures after closing are typically the new owner’s responsibility.

Typically the risk of major repairs passes to the buyer at closing. Unless your purchase contract stated that the heating/air system would be in working order or included a warranty, the seller is not obligated to replace a failed system once you have taken possession. That is why buyers order inspections and negotiate repairs or a credit before closing. There are a few situations where you might have recourse: • **Non‑disclosure or misrepresentation:** If the seller knew the HVAC was failing and either concealed it or falsely represented that it was working, you may have a claim for fraud or breach of the seller’s disclosure obligations. Check the seller disclosure statement and your inspection report. • **Contract terms:** Some contracts include a repair limit or require sellers to ensure that certain systems are operational at closing. If the contract was violated, you could demand performance. • **Home warranty:** If the sale included a home warranty, you may be able to file a claim for the HVAC replacement. If none of those apply, then the cost of replacing the HVAC becomes your responsibility. Speak with your real estate agent and, if you believe there was concealment, consult a real estate attorney to review your options.

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?