If an air conditioner breaks down during a property sale, who should pay for repairs? The buyer or the seller?
Contents
In the course of a property sale and purchase, unexpected situations may arise, such as the air conditioner suddenly breaking down during the transaction. In such a case, who should bear the responsibility — the seller or the new buyer? OPOExpert Air Conditioning will explain and offer some advice to help avoid similar disputes during property transactions.
- Responsibilities agreed in the sale and purchase agreement
First, review the preliminary sale and purchase agreement signed by both buyer and seller. The agreement should set out the arrangements for the relevant circumstances, such as the seller providing a maintenance period for equipment in the property, or ensuring the equipment is working properly before completion. If the agreement contains clear provisions, both parties should handle the matter according to the agreed responsibilities.
- Legal responsibility
If the contract does not cover this type of situation, it depends on whether the buyer accepts it. If the buyer does not accept it, they can decide whether to take legal action, and the matter will be judged according to the law. In general, the seller has a certain responsibility for the property, including issues such as structural safety, equipment, or unauthorised alterations. If an air-conditioning fault arises during the transaction, the seller may be responsible for repair or replacement, depending on whether the provisional sale and purchase agreement clearly defines who is responsible for the equipment before completion.
- Work out the problem together
In some cases, the seller may not notice an air conditioning fault in time, leading the new buyer to discover the issue when taking possession. In such situations, the seller and buyer may resolve the matter through negotiation, for example by sharing part of the repair cost, or by the buyer asking the seller to reduce the property price to offset the repair expense. Resolving the issue through negotiation can help avoid escalation of disputes, achieve both parties' buying and selling goals, and save time.
- On-site valuation by professional surveyors
To avoid similar issues, buyers are advised to invite a professional surveying firm to carry out a full survey before purchasing a property. However, on-site valuation is relatively costly, so fewer buyers are willing to pay for it. When valuing a property, surveying firms will consider factors such as area, view, renovation and fixtures. This method can identify potential issues before the transaction and avoid disputes during the process.
- Protect your own rights
Both buyer and seller should protect their own interests. The buyer should specify in the provisional agreement that the seller must take responsibility for equipment maintenance before completion to protect their interests; the seller should clearly set out their own scope of responsibility in the provisional agreement to avoid taking on excessive risk.
- Summary:
In the course of a property sale and purchase, if the air conditioner breaks down, the issue of repair responsibility should be handled according to the terms of the provisional sale and purchase agreement, legal responsibilities, and mutual discussion between both parties. To protect the rights and interests of both buyer and seller, it is recommended that similar issues be fully considered before signing the provisional agreement, and that the division of responsibilities be clearly set out. At the same time, engaging a professional surveying firm for on-site valuation can help resolve the issue and avoid disputes.
Find professional help
In the course of a property sale and purchase, if the air conditioner develops a fault, it is important to understand who is responsible for repair. Whether you are the buyer or the seller, seeking help from a professional team to inspect the air conditioner can accurately assess the condition of the equipment, provide repair advice, protect the interests of both parties, and maintain a comfortable living environment.
Related reading and services
Want to arrange AC cleaning or maintenance?
OPOExpert Air Conditioning provides residential and commercial AC cleaning and maintenance with clear pricing. Enquiry first or book online directly