What to do if my husband and I purchased our first home 7 months ago but have only just now discovered that the furnance is not working properly?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my husband and I purchased our first home 7 months ago but have only just now discovered that the furnance is not working properly?

We live in a small town in New England. Now that the cold weather is upon us the furnace has been running for the last 2 month. Our home is now covered with soot from the walls, cellings to the dishes in my cupboards. We have also all been breathing this in, we have 2 small children. This problem has been getting worse everyday also setting off the smoke/carbon detectors. We have someone coming to check our furnace today if it was a exsiting problem that was overlooked at closing do we have any rights to have either the selling party or inspector pay for the repair and possibly the clean up?

Asked on January 22, 2013 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you bought the home after inspection--and an inspection during warm weather, when the furnace would not have been running (and so the inspector would not be expected to find this problem) you would only have a claim if you can show that the seller knew of the problem and, knowing it, deliberate or  intentionally failed to disclose it. A knowing or intentional failure to disclose an issue like this could be fraud; fraud can provide a basis for recovery. However, if you cannot show that the problem both existed when the seller owned the home and that he/she was aware of it, you would not have a viable claim.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption