When buying a home and the heating system and hot water does not work, Who is the responsible party the seller or the buyer?

My fiance and I are trying to buy our first home. We’ve just had an inspector check the condo and told us the heating system in hot water was not working properly. The seller told us he is selling the house as is. Does this mean he is not responsible for fixing the heat?

Asked on October 2, 2017 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That is correct: when someone sells the house "as is" he sells it with any known or discovered-during-inspection issues and does not have to fix them. If you have not yet entered into a contract, you can walk away from the sale; or if there is a contract, but it contains an "inspection contingency," you again can walk away if he refuses to fix--but you can't make him fix; if he willing to lose the sale, you'd have to decide whether it's worth going through with it or not.

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