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devils advocate... for the defense...
"and just how, prey tell, does my neighbor know what appliances I had were working vs not.. he was my neighbor.. not my roommate..."

I do think.. a letter from an atty would do the trick... quoting the cost of a complete new system.. and a barter position...

ex/ "whole system will cost $2200.. if you agree to pay half by April 30, we would accept .. $1100... " after all, that would be fair since you'd have a brand new, energy efficient system.. for half price..

And here is the other side. The neighbor states that he was told it doesn't work. The guy selling the house risks perjury and jail time.

Also, assume you settle. You get $1100 (the other side knows they signed for a used air conditioner, and it's not worth a new one...the remedy is not a new one). That's about 4 hours for a good lawyer. About the amount of work to get a settlement. Sweet, nothing and time wasted on a lawsuit. Also, in America you don't get lawyer fees except in strange circumstances. You can allege fraud, maybe other torts. Yet this would get very ugly with a slim change of winning.
 
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well we do know he's at least 6'4" or 5" .. and he's as big as the door.. so maybe all he needs to do is knock on a door.. and re-introduce himself to the previous owner...
 
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well we do know he's at least 6'4" or 5" .. and he's as big as the door.. so maybe all he needs to do is knock on a door.. and re-introduce himself to the previous owner...

Honestly, it could be that simple. Contact the owner and say the a/c doesn't work even though he said it did. Heck he might even pay for some of it. Of course you probably need to contact the realtor since sellers are not required to give a forwarding address.

This is honestly your best bet. Contact your realtor and/or the seller's realtor. Tell them your problem. The home owner may agree to something, you never know. Heck, the realtors may even agree to pay a little to get a good reference from you. I was speaking to legal recourse, but often situtations are much better decided out of court. Especially when you have two people that rely on refrences for future work. You may not get the cost of a new a/c unit, but every little bit helps and it keeps you from court. Also call your inspector. He may give you a refund. It all could add up.
 
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Thanks for the advice guys. We went though a realtor so I'm going to give him a call today. On the sellers disclosure he checked that the AC was in working order, which was a lie since it hasn't worked for 2 years. The neighbor took care of the house over the past couple years since the owner moved far away, so he is familiar with the whole situation. I would be happy to settle and get $1000 out of him. Hopefully the realtor can go after him and keep me from needing a lawyer. Besides that we don't have any warranty options and will be forced to pay for the hole thing ourselves.
 
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It's now hindsite... this is the reason you hire a home inspector... our guy found several problems (including an applicance) that we had fixed prior to the purchase...

Hawg,

I can send my V-thugs after them if you choose. The guys get antsy when they don't have knee's to bust with bats... The football season cannot come soon enough, when the V-bookie/pick'em games start up, our V-thugs will be in full action again :tongue2:
 
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exhawg....I talked to our attorney and he said you are doing the right thing by taking this to the Realtor. If the seller misrepresented this info, then you are entitled to compensation correcting the problem.
 
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