Misrepresentation Means Arizona Homebuyer Can Take Seller to Court

When an Avondale home was purchased the home inspector said that the air-conditioning unit was not cooling properly. The seller agreed to correct this problem and at the final walkthrough before closing, the seller said the problem had been corrected. The home was closed on the home in the winter and the air conditioning was not used, but when the weather turned warm and they turned on the AC it was discovered the unit was defective and a new $1,300 compressor was needed. The buyers’ real estate agent contacted the seller, and said a specific air-conditioning company had repaired the unit before the closing. After contacting that company, they had no record of any contact with the seller. Does the buyer have a claim against the seller for the $1,300 cost of the new air conditioning unit compressor and will they need real estate law attorneys?

Inasmuch as the seller apparently misrepresented that the unit had been repaired, the buyer should have a claim. File a complaint with Small Claims Court, which has jurisdiction of disputes up to $2,500. In Small Claims Court, the parties have no right to a jury trial, no right to be represented by an attorney, and no right to appeal. In other words, the buyer needs to tell the story to a judge like television’s Judge Judy, and then they decide if the buyer wins or loses.


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