Seller won't get heater certification!

[Marc Izquierdo]

Hi everyone,

I'm looking for some advice.  I have a duplex under contract in Bristol Borough, PA with a closing date scheduled for Nov 21st.  Since day 1, the seller and listing agent have been extremely shady and not co-operative with much of anything.  During my inspection period, the home inspector had pointed out some issues with the heater (no return ductwork specifically).  I ended up bringing in a HVAC contractor to check it out.  The listing agent was very angry that I did this and essentially tried to tell me that I wasn't allowed (despite still being in my inspection period).  Nevertheless, the contractor identified the lack of return ductwork to be illegal in my area and he also identified that the heater is way to big for what the building requires (heater cycles on and off on safety limits).  He unofficially estimated repairs to be approximately 5k (conservatively). 

This area requires that the seller get a contractor to get the heater inspected and certified as part of the Use and Occupancy (U&O) inspection.  We are 6 days until closing and the seller says that he does not want to get the heater certified.  I'm assuming he knows what's wrong with it and doesn't want to face the music.  This was only conveyed to myself and my agent via an email from the listing agent but we are in the process of confirming that the seller is requesting me to pay for the inspection and any associated repairs.

To me, this seems like something that the sell HAS to take care of himself.  He cannot sell the property without fixing this (to me or anyone).  He also can't rent it like this, I believe (he also lost his section 8 housing privilege - but that's another story).  I'm not sure what the seller is trying to pull.  I don't feel like he has any leverage.  I'm a young investor (27 yrs old - first property purchase) and my agent is about the same age.  Both the listing agent and the seller are older and have experience.  I have a feeling that we're being "bullied" because we're young.

I wanted to see if anyone could offer some advice on handling this situation.  I can obviously decide not to pay for the certification and repairs and terminate the contract.  However, even with the 5k in unexpected heater repairs, I believe the property is still a good deal based on the potential income it can produce.

Any advice would be great.

Thanks in advance! 

[Marc Izquierdo]

@Michael Plante I did not change my offer to reflecting the seller to pay for it. 

However, our contract specifies that the seller will obtain, at the sellers expense, certifications from the appropriate municipal departments. If repairs are required, a notice will be provided to the buyer (me) within 5 days. The seller will decide whether or not to pay for the repairs. If the seller decides not to pay for repairs, within 5 days, the buyer will agree to pay for the repairs or terminate the contract (EMD returned).

In this case, the seller does not want to even obtain the certification (which it says he will in the contract).  Therefore, he is not presenting me with a notice of repair.