Can I get Fannie-Mae to repair the water heater they broke in the foreclosed condo that I just bought?

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Can I get Fannie-Mae to repair the water heater they broke in the foreclosed condo that I just bought?

We just purchased a foreclosed Fannie-Mae owned condo. A week before closing we were surprised to find Fannie-Mae outsourced a private contractor to winterize the place, an unnecessary accident on their part. So before we closed we had them de-winterize the place and give us a home inspection saying the place was good to go. The day I moved in I realized I had no hot water, it turns out whoever winterized the place drained the water from the hot-water tank but left its power on, resulting in burning out the heating elements. Now the water heater is useless and they are refusing to pay for it.

Asked on December 22, 2011 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If an agent for Fannie Mae incorrectly de-winterized the property that you just closed escrow on resulting in damages to the water heater (most likely a new one with installation and removal of the old), the person who did the work as well as Fannie Mae the seller, are responsible for paying you for the installation of a new water heater.

I would make a written demand to Fannie Mae and the person who de-winterized the home for payment of the new water heater by a set date. Keep a copy of the letter for future use and need. If you do not get paid by the time period demanded, your recourse is a small claims court action.


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