Eric Feichthaler

Dear Mr. Feichthaler:

I plan to purchase a house, built in the 1980s, and use it as a rental property. The contract the seller provided me says that certain items are excluded from the purchase, including “HVAC System.” What do you think that means, and why?

— Mike S.

Dear Mike:

Well, this is a new one to me. Typically, a seller will include built in appliances, as well as most major appliances. HVAC systems are certainly considered “Built-In,” and not normally taken when the seller leaves the property. I cannot imagine a scenario where it would make sense for a seller to take an HVAC system, unless they are aware it is not functioning and knows of somewhere to sell it? More importantly, what is the HVAC System? Just the air handler and the condensing unit? Or are they taking the ductwork, thermostat and everything else? For every issue of your purchase, it is important that there is a clear understanding of what is being sold and purchased written in the contract. Noting that the “HVAC system” is not included is vague and can only lead to misunderstandings. Remember where contract misunderstandings go — court! It is vital that the contract include everything you expect prior to signing, and I would not sign this contract until this issue is clarified. Taking a moment now to make sure you are getting what you bargained for will save a lot of time, stress, and money later.

On a personal note, I grieve the sudden loss of our city’s mayor, Joe Coviello. We wish Diane and the Coviello family comfort and peace after his untimely passing. Please keep them in your prayers.

Eric P. Feichthaler has lived in Cape Coral for over 33 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.