Location: Georgia
I closed on a home in June. Sales listing stated ‘brand new water heater and HVAC replaced in 2019’. Fast forward to August, we hired a plumber to come out because I noticed soot on water heater. Plumber tries to look up serial number on unit and we learn the manufacturer sticker does not match the unit meaning the true age of unit is unknown and points to it not being brand new. The installation of said unit in not up to code either.
I reached out to my realtor so she can relay this discovery to sellers agent. After a bunch of back and forth, agent agreed to replace unit using her contractor (same contractor who installed unit improperly). I refused because I didn’t feel comfortable having them possibly install another one incorrectly. I requested they pay for a professional plumber to install it (same plumber who discovered the problem).
Going back to the HVAC being a 2019 model. After a month in the home, the evap coil (HVAC unit inside of home) was leaking and caused major water damage to floors. We called a service tech out to learn that component was from 2005, not 2019. Because of the age, they couldn’t repair it and I had to pay for a new system amounting to $18k.
All of this considered. I decided it was best to take them to civil court. I’ve never had to do something like this before. I have a ton of paperwork documenting this and the techs agreed to testify along with photos, service visit summaries, etc.
Am I being unreasonable that I don’t want their contractor to replace/install a new water heater?
Do I even have a case of fraud since they agreed to a new unit?
Do I sue the agent, broker, or seller? (On closing day, the agent made the statement that she was more involved in the repairs of this home than the seller was. It was a flipped house situation).
Seller agent asked for my inspection report. Do I hand it over or will that screw me?
I feel like I’m leaving stuff out so if you have any questions I’ll be more than happy to clarify.