We sold our last home (which was 5 years new at the time they purchased it) 10 months ago and left everything in A-1 condition. Our buyers selected and paid for a home inspection prior to the close of escrow. The report states that the heating system is in generally good condition, adequate heating capacity is provided by the system, heat distribution within the home is adequate, the heating system shows no visable evidence of major defects, the gas connector for the flue is an approved flexable type, in good condition, there is adequate clearance to combustible material in the area and around the heating unit, the heating system/s vent/s is/are properly installed and appear/s to be in serviceable condition & the combustion air supply is adequate. It goes on to say that the thermostat/s appears to be properly installed & the unit/s responded to basic controls.
It does state however that "poor exhaust flue connections should be improved immediately and that the H.V.A.C. should be replaced". We were instructed by the home inspector on how to repair the exhaust flue connections and we did exactly as he said as well as replacing the H.V.A.C. filter. The buyers wife and Real Estate Agent came for the final walk-through inspection. We were there during the walk-through and never once were asked to move anything nor to provide anything like a ladder etc... The buyers wife signed the walk-through papers and left.
Because their daughter suffers from allergies, seven months after our buyers purchased the home from us they "requested the services of United Air Comfort, Inc. for advertised service of basic air duct cleaning and furnace inspection". The technician gave them an estimate for $1,396.00 stating that the flue pipe needed repair along w/the drainline, acidwash, choked off evap. blower, broken fire box, unsealed ducts, lowline insul. etc...
Immediately we felt that our buyers had been swindled because that heater was in perfect working condition when we moved out and the inspection report states that as well.
Because the inspection report states that the H.V.A.C. filter needed to be replaced (which we immediately did), our buyers are under the impression that there never was a filter, this is simply not true.
The United Air Comfort technician allegedly told our buyers that because we "never had a H.V.A.C. filter in place on the heating unit", we are totally responsible for the demise of their heating system. The buyers wife gave us a copy of a letter to the judge that she obviously typed up due to her writing style, allegedly signed by the United Air Comfort technician stating that "it is imperative that a filter be used and regularly replaced to avoid problems w/the evaperation coil/blower and condenser. If this had been done then the unit would be in good condition today and need not be repaired".
We contacted this exact technician and asked him if he signed this particular paper & he really was not sure. We told him that it was made look as if he wrote it & he said, "Oooh Really"! His tone sounded as if he never wrote any such letter. He wants us to fax him a copy of the letter so that he can figure out if he signed it or not. We are not going to fax him the letter until we receive legal advice.
Our buyers are suing us in small claims court for $1,222.00 because of this single heating report from United Air Comfort, Inc. If anyone out there can be of any help what-so-ever to our case (in mid June 2003) your help would be greatly appreciated, Thank You!!!
Any Town, California