I live in upstate NY and the temperature is below freezing. I know we can’t test the unit. My question is does anybody suggest to your client to have their attorney request a certain amount of money held in escrow until the ac system can be operated and inspected?
No! I’ll let some others say how to test the system; it can be tested in winter.
Gary - Are you kidding?!
Try that and see where that one gets you…!
I know, instead of destroying your business forever, go over to “Active Rain” and ask the Realtors what they think about that!
I used to run them in Alaska in the winter (just had to open the window!)
Disclaim and move on. I always put in my report to reinspect in spring but I have never gotten a call.
They do that in some parts of the country Gary, but it’s not the norm in most cases.
I’m in upstate NY too, where abouts are you located?
Disclaim and move on. NYS does not require us to inspect the AC when the temperature is below 65, and it’s in writing if your client wants to see it. Disclaim and offer to come back in the Spring like the others recommended
Most lawyers put language that the seller states the unit was operational and warranties the unit, most units work, some may need work, not your call advising what lawyers job is. disclaim and move on.
Disclaim. If you test it and report all is ok then come summer and it doesn’t work. Who was the last person to use it, you see where I’m going?
Make sure your “not inspected” disclaimer includes evaluation by a qualified HVAC contractor prior to close of the buyers inspection contingency. Even though you are not inspecting the operation you should be inspecting the installation. I have found two units that were not even connected and if I didn’t find that I’d likely be liable regardless of my disclaimer.
Most REA forms have wording for it being to cold to check A/C units. Document, disclaim, move on…
Gary I don’t use REA forms I use HIP and I do bump the A/C unit over in cold weather. I don’t recommend in this forum that you do.
Coffee your place or mine;-)
If you call it “OK” or “disclaim it and move on” in your check box report format, your open to be burnt.
If you find units that are not connected and didn’t know it, you probably are open to be burnt.
If it is not running because of the weather, it doesn’t mean you can’t inspect it!
If the power is off in the house, it does not mean you don’t inspect the electrical devices.
Inspect what you can inspect. Report everything associated with it (weather it runs or not). That is the extent of your inspection capabilities at that time. You don’t need anything in the report that is as vague as “Functional, Requires Further…, Not Inspected”.
Observe it, collect data about it’s condition and report it.
When you have 2 feet of snow on the roof in New England this week, you can still inspect the roof (just a different way than last week).
There should be a section in the report that describes the condition at the time of inspection. That should cover all this other BS your putting in your report.
2’ of snow 48hrs prior to the inspection, 35 mph winds, 21degrees F.
“You wanted me to do what with the A/C Mr. Lawyer?”
This is where you pull out your ‘Inspection Standards’ Para 3.5 Cooling; IV.
Why do you want to have a discussion on the stand about the validity of your decision to operate the Cooling system or not? What justification do you have to require someone come work on it when you saw nothing wrong? It’s <35 degrees! What more do you have to say?