that listing agent should be dragged out back and punished severely....

that needed to be disclosed....that's not a bonus if it works...it needs to work or it needs to be disclosed that it does not work.... and one more step should be taken and that's a bid or two for fixing it....

Kathleen Daniels I say the AC probably doesn't work and the seller is trying to get out of repairing it. In my State the AC/Furnace is required to be in working order per the contract. Furthermore unless the AC is made up of window units the house unit is considered a fixture.

The listing agent does not own the property so there is no "we" offering A/C. The seller stated that it works, so it should work. Now, call in the attorney, or put in the offer/contract that A/C will be delivered in working condition.

Wow,

That should have been disclosed at the outset.   Why is it a bonus?  Maybe it works or maybe it does not?  If I were the buyer, I would say pass!  I would be wondering what else will pop up if I bought the house.  A

I think Central Air Conditioning is a fixture, window units are not.

I don't know about California, but HVAC systems are part of the integral mechanicals of the home in NC and are disclosed by a seller as to their working condition. (Not good to lie.) 

Its like saying does this, dirt tree or bush go with the property? Yes it does. Anyone who wants to go rogue on ethics can but not with me....

It is a fixture unless it is a window unit.

It seems a bit sneaky, doesn't it?  Last year, I showed a client a "flipped" house.  In the multiple listing it stated the property had a central air conditioning.  

I could not find a compressor and called the listing agent who told me he had never seen the property in person(two counties away) and needed to call the owner -- who also wasn't sure.   Yes, true story.  

PS --Photos in the previous listing where the flipper purchased the home showed window units in two photos.   My client passed when it was "revealed" not "disclosed" that a/c had not been installed.   

      Is it a "Seller Warrants" contract, or an "As Is" contract?

I would say it is absolutely included, and I don't think the agent denies it, but to me it's implied that it IS working and that seems to be the real issue here Kathleen Daniels 

HVAC is part of the contract and it is handled during inspection period. If it's not working properly we ask seller to repair. Our sellers always repair - in fact we have a pre-inspection before going on market and fix any issues.

Since when is a listing part of the contract?  It's not.

Unless the Sellers disclosure is made part of the contract, that is irrilevant also. Just because it is submitted at the same time does not make it part of the contract.  The only thing that matters is what the contract says.

The AC is part of the house and being sold as such...it is relevant and needs to work.

Eve

PS:  thank you for the good laugh...

Let me guess - this is the agent whose seller is 'gifting' items that were noted to be SOLD in the Contract?!

In NC, HVAC is not mentioned on our Contract but, it is mentioned in our Disclosures. If the seller noted that the HVAC works on his Disclosures, it matters not what the agent wrote in MLS...

UNLESS, of course, he adds it to MLS and it's truly NOT present! 

I think the agent KNOWS that the HVAC doesn't work and that's why he DIDN'T include it in MLS. Why else would it not be included in MLS?

If this is the same guy, I predict his days as an agent are numbered. 

If the AC unit is a window unit, it could be considered personal property and not be included in the sale. If it is a HVAC system, of course it is included and the status of the system needs to be disclosed and should be subject to the buyer's inspection.

HVAC is included as an improvement in our contract.  If it is there it stays unless buyer and seller agree it will be excluded.  It does not say the HVAC must be in working order.

Mesays it's gonig to be 105 degrees this weekend - that AC better work.

If it's disclosed that the AC works, I'd say the buyer has a legitimate expectation that.....the AC works???  I don't think it's a bonus to expect the disclosures to be accurate.

It should go with the house BUT no one followed up with that little hint that the thermostat battery didn't work. Noted at inspection - should work.

In our area, seller always states that heat & AC work.

Attached it's part of the house, that agent is off his or her rocker.

I don't put the toilets convey either, but they do. That agent clearly has not read our CA RPA very closely. 

ROFL!!  Ummm...Listing Agent....READ THE CONTRACT!!!!

Sounds like an "as is" situation.

Kathleen Daniels - let go!

Tricky question. I think the agent should have stated it was there and if the seller didn't want to assure it worked, then state it is not warranted.

I say it WAS included, no question and it needs to work!

It could be requested in a request for repairs.  Buyers can inspect al they want.  If there was not power to it, they could have requested power be turned on, or checked to see if it worked some other way.

After closing it is too late to go back.

It is very possible that between the time of the disclosure and the time of buyer trying it after closing that it broke.  Since it was never tested during inspection, buyer will never know.. I do think it was up tot he buyer to confirm that it worked, or as for it to be repaired prior to escrow closing. 

The words of the listing agent are pretty lame.  THe fact that he/she didn't put in on the MLS is not the issue, since it was on the dislosured that it did.  SOmehow in the meatime... it stopped working.

I've have about 12 AC;s go out this month in the property mgmt area, so they do break.

  The agent is a moron. So if a central heating system was NOT mentoned in the MLS it would be considered a "bonus" because it is there? So you've got three options-back out of the deal due to the reports from your due diligence, ask the seller to deliver at close a working AC as per their TDS, or your Buyers can take it as is. 

  Just be glad it wasn't represented as a Julia Morgan and you discovered a day before close! Oh wait, that happened! The folks closed the escrow, sued over misrepresentation and WON!  Your client's decision. 

The seller stated that the a/c works. If I am the buyer, I want the a/c back in working order...

A potential $6000.00 repair bill is a bonus? We just had ours replaced. $6700.00

What does the sales contract say?

The AC is attached should be included and if it doesn't work, it affects the living conditions of the home.

Another good reason to require power during the home inspection. 

If the equipment is a fixture, which it most often is, the listing agent is screwed if the seller does not step up! Hope his E&O is up to date and he is prepared for a significant hike in premiiums or to be dropped!

If it is a built in system, like central air, it should be working. If a wall unit or window, then can be easier replaced. 

It would become s negotiable point ?

Is it a window unit ore  a central system.

Central system is an attached item and stays with or with out being designated

Legal question.

I just read this question. 

Agree - AC is not a bonus.

If it is listed as included, it needs to work.  
Disclosure is needed.

I get so upset at people that leave things off the property disclosure and the listing information on MLS.  

We make sure the seller provides utilities for a proper inspection If an REO, then the buyer should be allowed to activate the power and water service, even if temporarily then the due diligence of a licensed home inspector should be relied upon. In this case, I would have the buyer sign off on your liability and acknowledge his willingness to forgo the inspection process. I would stop everything unless this is done, or inspection is completed.

Figuring how I just got my buyers a big credit because the agent put AC in the MLS, insisted it had it AND had the sellers check AC on the disclosure statements... and there was NO AC at all... I'd say the seller is liable for the AC since they are stating that it is there and working. 

The sellers are potentially misrepresenting the condition of the property and can be held legally liable. 

What I would do is:

1. Look around the house and roof for a compressor.
2. Check the breakers to see if there is a tripped circuit preventing the thermostat from getting power.
3. Make sure everything is plugged in in the furnace closet

On my deal: 1) There was none, yet the agent still insisted it had AC even though she couldn't find a compressor.  2) No tripped breakers.  3) Thermostat didn't have power because of an unplugged power cord in the furnace closet.

Wonder how that all worked out would imagine that could easily have involved lawyers...