- 8 months ago
- Wedding: May 2017
As some of you have read my last couple of posts, I am going through a divorce.
One of the biggest arguments has been the sale of our house. I wanted to list the house basically as soon as I moved out, and since I was the one that moved out, he drug his feet on it. We live in an area with a really good school district, that is surrounded by really bad school districts, so late Spring/early summer is prime time ot sell a house. I moved out in April, but the house didn’t get put on the market until late July, which already had me irritated.
He also refused to list with a realtor, so I told him I’d be ok with listing For Sale By Owner for awhile. Lucky, we ended up getting a really good offer, but from a couple already working with a realtor, so we will be paying a 1/2 commission to her (3%). When we agreed to letting her show the house to her clients, we had to sing an agreement saying that we’d pay her the 1/2 commission, and we had to sign your typical disclosures.
Now, back to when we bought this house. We knew going into buying it that the furnace was old, and would likely need replaced within 5 years. Once we had the inspection, they told us that in addition to that, once we replaced the furnace, we would have to replace the AC unit, because a condenser for a new furnace would not be compatible with the year of the AC unit. In addition to that, the HVAC system as a whole was not big enough for the size of the house, due to the 800sqft addition the previous owner added. As far as functioning, the furnace and AC unit both work great, and don’t have any issues heating/cooling the whole house very quickly. The furnace was really put to the test this winter when we had a day that was -20, -52 windchill and it still kept up great.
After our inspection, we submitted a repair addendum to have them lower the price of the house by 3k, which they did. During the time of us living there (only since January), we didn’t do anything regarding the HVAC, mainly because we had a home warranty, and hoped something would go out so that would cover it.
Since the house was being sold FSBO, my STBX was the one handling showing the house, only because he would not let me help out with any of it. The realtor texted us telling us that they scheduled a home inspection for tomorrow. I had a conversation with STBX this morning, and we were discussing what will happen if they come back with something on a repair addendum. I asked him if he had mentioned the age the AC/furnace, and mentioned what we had been told previously. It hadn’t even dawned on me that this is something that should have been disclosed. I should not have assumed that he would be up front with anyone, but I seriously didn’t even think of it until today.
I called him back a bit ago and told him my concern. If for some reason their home inspector does not find it, and nothing is said/done, and a year down the road, it goes out on them, they could potentially sue us, since they could prove we knew about it, right? Even if it’s not illegal, I know it is not ethical, and I do not feel right about it. I do not want to be shady, but at this point I feel like even if we told them now, they would feel like we were being shady by not mentioning it before an offer was accepted. I just want to do the right thing – it is a young family with 3 children, and I don’t even want to think about putting them in a bad situation. STBX doesn’t seem concerned about it at all, but I am. Should I try contacting my attorney? Contacting their realtor? The inspector?