What are my rights as a new homeowner against the seller regarding the incorrect placement of a water heater?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.