Appears Seller Did Not Disclosure A Known Issue Right Before Closing Causing Us To Foot The Bill After Closing
Location: PA I purchased a home on 9/18/2025. In our standard disclosures form it has listed that the gas furnace is 32 years old and air conditioner is 27 years old. We did perform a home inspection revealing a defect to the cooling system, due to it being above 80 degrees on inspection day the inspector was not allowed to power up to inspect the furnace but did inspect the physical condition and found it to be aged and rusted but no major visual deficits. In our repair addendum after inspection we explicitly requested an HVAC professional fix the cooling defect as well as inspect, service the heating system cleaning any found corrosion and checking the integrity of the system as whole. As well as providing a home warranty as it is a big concern that the aged system will fail causing major costly unforeseen repairs. This addendum was signed and agreed on 9/4/2025. The seller proceeded with the repairs, and we went to closing on 9/18/2025. We moved into the home officially and on 11/1 turned on the furnace finding that the blower constantly remains switch on, we promptly contacted our relator and were provided with the sellers invoice from HVAC servicing from 9/15./2025 reporting that the furnace will not stop running showing that she was aware of this issue. I have been in contact with that HVAC company to request a service record and hope to receive that soon. We contacted our warranty company who sent a HVAC tech out to find the relay switch to be faulty and the CO levels to be outside the normal level (should be 100 or lower, its at 300 which is safe but high). The HVAC tech attempted to source the parts but find that it is not manufactured any longer due to the age of the unit and the only option is for replacement. There is also an electric filter attachment that is not functional and was not disclosed or reported as broken. The furnace replacement with the warranty is significantly less than usual how ever it appear concrete that the prior owner knew about this issue and failed to disclose in order to close. Is this possibly a case of misrepresentation and would I have a case for small claims?
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