Buying a house in Ontario in winter: the air conditioner can't be tested, so what should the offer say?
Swipe for the 1 minute answer
The real risk is assuming someone has you covered. Put the clause in the offer and the replacement cost in your price.
- 01Cold weather can damage the compressor
- 02They check the unit, data plate and rust
- 03The report often just says not tested
Furnace, AC, water heater, plumbing, electrical and included chattels all working on completion. Yifei puts it on its own schedule.
- 01Breaks after closing? Usually not the seller's problem
- 02Included appliances aren't warrantied like new
- 03Inspections generally don't test appliances
Get an HVAC quote and factor it into your offer. Some buyers negotiate a holdback released once the AC runs in summer. Both lawyers have to agree.
No need to remove the radiators. Get two written quotes, add the cost to the price, and see if it still works.
Tell Yifei the unit's age, whether there are records and if it's a rental. He'll tell you straight what he'd do.
Ask YifeiAdd a clause where the seller confirms the furnace, air conditioner, water heater and included appliances will be in good working order on closing day. Ask for the AC's age and service records too. That clause is about the condition on closing day. If it won't cool next summer, proving it was already broken at closing is hard, so if the unit is old, build the cost of replacing it into your price.
Why it can't be tested
Running an air conditioner in cold weather can damage the compressor, so many home inspectors won't turn it on in winter. They check the outside of the unit, the manufacture date on the data plate, and signs of rust or leaks. In a winter inspection report, the AC line often just says "not tested."
What buyers worry about: you close, you switch it on for the first time in June 2027, it blows warm air, and then what?
What the offer can say
Yifei usually adds a clause on a separate schedule along these lines:
The Seller warrants that the furnace, air conditioning, water heater, plumbing, electrical systems and all included chattels will be in good working order on completion.
Have your agent or lawyer adapt the wording to your deal. Yifei is clear with clients about its limits:
- It covers closing day. If something breaks after closing, the seller generally isn't responsible under the offer.
- Included appliances are extras, generally not warrantied like new ones. If anything is replaced, it's usually with something of similar age and condition.
- Home inspections generally don't test appliances either.
One buyer wanted to be able to walk away if the kitchen had any fire or safety issues. Yifei explained that last year's inspection report had already passed, so that couldn't be an exit condition, but a working-order clause at closing actually gave the buyer more protection.
What else to ask for
If the unit is old, get an HVAC contractor to quote a replacement and factor it into your offer. Some buyers negotiate a holdback, kept by the lawyers at closing and released once the AC runs in summer. Both lawyers have to agree to that.
What Yifei has seen
One buyer wanted AC. Yifei wrote it into the offer: the seller would install it before closing, after agreeing on the price, with the bill handled through the lawyers at closing. On another deal, the other side first wanted to repair the old unit, then decided a new one beat having it fail again in winter. Once they had the model and quote the next morning, Yifei prepared the amendment.
Yifei runs the numbers for sellers too. A recent listing had radiators and no central air. Yifei advised against installing it for now and getting two written quotes instead: a high-velocity small-duct system ran roughly $20,000 to $30,000 without removing the radiators, and it would only pay off if the extra price in spring clearly beat that cost. For buyers, a quote like that tells you what adding AC will cost.
Frequently asked questions
Can I make an AC test a condition in winter?
You can ask, but inspectors usually won't run it in the cold, so it can't be tested during the condition period. A working-order clause plus the unit's age and records is more practical.
If the AC fails next summer, can I go after the seller?
Usually it's hard. The clause is about the condition on closing day. If you can show it was already broken at closing, or the seller knew about a problem and hid it, talk to a lawyer.
Is a house without AC worth buying in winter?
That's your call. Get two quotes, add the cost to the price, and see if the total still works.
Tell me about your situation and I'll tell you straight what I'd do. Yifei (RE/MAX), efay.ai.
Sources: RECO buyer's checklist https://www.reco.on.ca/consumers/information-for-buyers/buyers-checklist/ ; RECO pre-closing visits https://www.reco.on.ca/news/ask-the-registrar-pre-closing-visits/ ; RECO property damaged after the offer https://www.reco.on.ca/news/when-the-property-is-damaged-after-the-offer-three-ways-to-protect-your-buyer-client/ ; Ontario Notices of Security Interest https://www.ontario.ca/page/notices-security-interest