What are my rights as a new homeowner against the seller regarding the incorrect placement of a water heater?

UPDATED: Oct 1, 2022

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What are my rights as a new homeowner against the seller regarding the incorrect placement of a water heater?

I recently purchased a rehabbed home. A brand new high efficiency heater was installed in the

craw space attic, on its side. The HVAC recommended not putting this there but the owner insisted. It has since caused a leak after about 2 weeks of moving in and today it shut off because water is present that shouldn’t be. No home warranty but I am wondering if I have any rights to have the seller relocate the heater since they were advised not to put it there?

Asked on March 20, 2019 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When there is no warranty or other contractual guaranty, a seller is only liable if he or she committed fraud: that is, he lied about or failed to disclose something which he or she knew was a problem If it wasn't leaking before closing, the seller would not have known that there was in fact an issue, and so would not be liable. The seller is not liable for making a poor construction choice.

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