seller disclosure

[fierycale]

We closed escrow on our home 2 weeks ago. During escrow we requested in writing that the sellers have a heating contractor verify whether the furnace was particular model that has proved defective and make any necessary safety corrections. We provided information that included make and models for the defective furnaces. Upon the final walk-thru the owner (who is a ex-fireman) told us that they spoke to someone with the fire department, provided the furnace information and the furnace was NOT one of these defective units. After closing we had the gas company inspect the appliances and they red-tagged our furnace as a potential faulty furnace. We had a contractor inspect it and it has been determined that it is a defective model. We've spoken to 4 experts who all say it must be replaced that there are no repairs to fix the problem. The company that made the furnace has gone bankrupt due to class action lawsuits regarding these furnaces so no recall ever took place. Is the seller responsible for the replacement cost of the furnace since they told us it was not one of the defective models? It seems like there is some sort of breach of contract that took place. Please advise!!

 

[David J. Miller]

If you were concerned about it which it sounds like you had a right to be, why didn't you hire your own inspector to investigate this? It's not customary for the seller to hire an inspector to act as the buyers agent.

Secondly, if your purchase agreement was contingent upon a furnace inspection (and it's not clear it was) by a heating contractor why did you close with only the sellers word? If you new the make/model why didn't you call the gas company before closing to find out if this was a defective furnace?

In any event, since the seller did not take the proper steps to determine whether this was a defective furnace either, you would probably have a case to sue him for the cost of replacement.

Homeguru will reply with his point of view, which should be the prevailing viewpoint.

 

[HomeGuru]

One prevailing viewpoint:

I agree with David.
In this case the Seller is wrong and you have full recourse.
Next time do not close until you have all documentation and are satisfied that the information is correct and verfied by YOUR experts.

Where is your real estate agent in all this? If you had one, the agent is at fault.