Is seller liable for faulty furnace?
Q: My daughter just purchased an old house. The sellers disclosed that the gas furnace was in working order. After moving in, we had a furnace repairman check the system to make sure everything was OK. It turned out the furnace is not up to code and will need to be replaced. Are the sellers liable for the cost of replacement?
A: If the furnace is unsafe or inoperative, the sellers could be liable, depending on whether they were aware of the problem. However, the furnace repairman’s findings need to be more specific.
Furnace replacement is necessary if the fixture or its components are damaged or deteriorated. Lack of code compliance could be a matter of improper installation and might be correctable. Three pertinent questions for the repairman are, “What, exactly, is wrong with the furnace? What are the specific code violations? And can the furnace be made to operate safely?”
Also, when you say “repairman,” do you mean a licensed HVAC contractor?” If not, you should get a second opinion from a qualified, licensed professional.
The next issue is whether your daughter hired a home inspector before she bought the property. If not, she made a crucial error. In that case, a home inspector should be hired now to determine what other defects remain undisclosed. If she did hire an inspector, why was the furnace problem not discovered at that time? The answer to that question could depend on the nature of the furnace issues — whether the defects were visible at the time of the inspection and whether the furnace is truly faulty.
Again, specific details regarding the alleged defects are needed.
Q: We just bought our first house and hired a home inspector before signing the contract. During the inspection, my husband noticed a wet spot in the backyard and pointed this out. The inspector said it was probably due to the recent rain and advised us not to worry. But after we moved in, the spot remained wet during the hot, dry months. We emailed the inspector about this and he said we probably have a leak somewhere. So now what do we do?
A: When a home inspector sees a wet spot in a yard, all possible causes should be considered, not just one. A more complete disclosure in the inspection report would have been, “Wet spot in backyard may be due to recent rains, but faulty ground drainage or plumbing leakage are also possible causes. Further evaluation is recommended to ensure against leakage. If no plumbing leak is detected, site drainage improvements may be needed.”
Incomplete disclosure has exposed the home inspector to some degree of liability. If a plumbing repair is needed, it would not be unreasonable to ask that he pay the costs. Faulty site drainage may not be a serious problem if it affects the lawn area only and not the buildings on the property. Again, further evaluation is needed.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.