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my 96 year old mother and i bought a house last week. had to call furnace person as there seemed to be a problem. called original company that installed furnace. they said that furnace was on its last legs, and as opposed to being 15 years old as stated on disclosure, it was 30. do i have any recourse at all. new furnace will be around $3,000. thanx.
my 96 year old mother and i bought a house last week. had to call furnace person as there seemed to be a problem. called original company that installed furnace. they said that furnace was on its last legs, and as opposed to being 15 years old as stated on disclosure, it was 30. do i have any recourse at all. new furnace will be around $3,000. thanx.
If the disclosure was relied upon, and it can be proved that they lied, then you will usually have some legal recourse, perhaps for a portion or maybe even all of the cost of the furnace. I recommend calling the attorney that assisted you with the closing, having them review the disclosure, and seeing what they have to say.
But I have a quick question; what did your inspector say about the condition & age of the furnace?
the inspection was fine; he noted that a clamp had to be secured in a different way, but other than that, nothing. when i called the furnace ppl out today (because it didnt appear to be heating very well), they noted the age of the installation (1979, which they had installed), and called my attention to a couple of things that are going to go down presumably shortly. i had 2 hvac ppl out and they said i needed a new furnace shortly. if i had known furnace was 30 years, as opposed to the 15 put on disclosure, i would have questioned it more.
Didn't your inspector tell you the age of the furnace? did you get written paperwork from the inspector? they can usually tell the age of things like that and it may be on that paperwork....
There should be a label on the equipment with seriel numbers. In those seriel numbers is the date it was manufactured. the inspector should have noted the information. I think the problem is with the inspector, the home seller may or may not have known the date of installation. It's easier to go after the inspector.
There should be a label on the equipment with seriel numbers. In those seriel numbers is the date it was manufactured. the inspector should have noted the information. I think the problem is with the inspector, the home seller may or may not have known the date of installation. It's easier to go after the inspector.
It may be "easier to go after the inspector" but if the equipment was functioning when he inspected it you probably won't have much success. I'm not saying the inspector shouldn't have noted the age of the equipment but there is a good chance that "disclaimers" in the inspection agreement you have will protect the inspector.
We recently bought a house - the inspection included a 90 day Limited Structural and Mechanical Warranty (inspection and radon test was almost $1000 so I'm sure I paid for this warranty, but it was not something they asked whether I wanted or not).
Did you get one? I'd check this out. Also, FYI in case this info assists in any way, our inspector is a member of our state's Association of Home Inspectors and ASHI (Amer Society of Home Inspectors) - may be a route to check out.
Did you use a realtor? I'd also call them and get on them to help.
If the disclosure was relied upon, and it can be proved that they lied, then you will usually have some legal recourse...
Bill Keegan's first comment is VERY important and may have been overlooked in the subsequent responses. In most jurisdictions you won't get anyplace unless you can prove the seller intentionally misrepresented the age and condition of the furnace. Though it may be different in some states, a disclosure statement IS NOT a warranty. It's completed based on information and belief. You'll need to determine if the seller actually knew the furnace was older. And you'll probably have to establish that the age is a critical factor - just because it's old doesn't mean it's defective.
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