ACT Property Law - Bought House with Broken Air-conditioning - Who Pays for Repairs?

[Mike Walsh]

I bought a house a couple of months ago. The property was marketed as having air conditioning. At the time of purchase, the real estate agent informed me that the air conditioning wasn't working, but assured me that it would be fixed. The agent is now saying it is a matter between the seller and myself. The seller of the property has told me that he has no intention of paying.

Do I have any legal rights under Property Law, against either the seller or agent, in this situation? Or was I gullible by accepting the agents word?

 

[Sophea]

If the agent informed you that the air conditioner would be fixed - either he bound the seller by making that representation or he bound himself to ensure that that would occur. I would be taking it up with the agent and telling him that it is his problem, because you would not have proceeded with the contract for the price you paid had you known that the air conditioner would not be fixed.

 

[Mike Walsh]

Thanks Sophea, I have been in touch with the real estate agent and she continues to assure me that the air con will be fixed, it just seems to be taking a while! If this isn't resolved, would it be worth making an application to the Small claims tribunal?

 

[Sophea]

Perhaps. I would start with a letter of demand. If it's really got to a point where it's ridiculous. I would send them a letter stating that:

• fixing the air conditioning was promised on or about [x] date;
• to date the air conditioning remains broken and unusable;
• this constitutes a breach of condition of sale;
• should you fail to arrange for the air conditioning to be fixed by [x] date - (give them 14 - 21 days or so) we institute legal proceedings to enforce this obligation. Alternatively, you could say you will have it fixed and then sue them for the cost of the repairs.