Code Violations and Options

[Jason Gilbert]

Hello, all!

I bought two duplexes in 2022.  They are my very first rental properties and I'm very excited to keep moving.

On the second one I bought, I was told that there is only one HVAC system for the two units, and it's only controlled on one side.  So I went to an HVAC company this week to ask for a quote to put some dampers on.  They informed me they cannot do that, or even work on the current system because it is out of code.  Each unit needs its own HVAC system.  So, now instead of buying dampers, I have to buy an additional furnace and AC unit.

What can I do in a situation like this?  Like I said, it was disclosed that there is only one, but it was not disclosed that it is a code violation.  Neither the seller, the two realtors, nor the home inspector told me it was a code violation.  What do you recommend?  Should I contact an attorney?

Thanks for your help!

[Sean McKee]

Quote from @Jason Gilbert:

Hello, all!

I bought two duplexes in 2022.  They are my very first rental properties and I'm very excited to keep moving.

On the second one I bought, I was told that there is only one HVAC system for the two units, and it's only controlled on one side.  So I went to an HVAC company this week to ask for a quote to put some dampers on.  They informed me they cannot do that, or even work on the current system because it is out of code.  Each unit needs its own HVAC system.  So, now instead of buying dampers, I have to buy an additional furnace and AC unit.

What can I do in a situation like this?  Like I said, it was disclosed that there is only one, but it was not disclosed that it is a code violation.  Neither the seller, the two realtors, nor the home inspector told me it was a code violation.  What do you recommend?  Should I contact an attorney?

Thanks for your help!

 I don’t know what your local codes are but I’d be careful with just listening to one contractor. I’ve had similar situations with companies trying to take advantage.

I’d get another opinion from a different contractor and research your local housing codes. It seems a little fishy to have to update the HVAC system if it’s capable of servicing both units.