who is responsible for repairs

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who is responsible for repairs

we bought a house about two years ago after the closing we found out that the
heater was defective and home warranty did not cover due to the fact that it had
been improperly installed and it became a fire hazard the gas company shut it
down. this was never disclosed before the final closing

Asked on August 7, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the seller *knew* (or logically, based on the facts and circumstances) *must* have known about the problem but, despite knowing of it, failed to disclose it, that nondisclosure of a known issue may be fraud. If fraud, it could entitle you to compensation, such as the cost to replace the heater, though you'd have to sue for the money if the seller will not voluntarily pay you. If the seller did not know, and reasonably would not have been expected to know, of the problem, however, they would not be liable; liability for fraud is based on knowledge and a knowing lie or omission, so no knowledge, no fraud.
Note that in your state, you only have up to three years to sue for fraud (a three-year "statute of limitations"), so while you are still in time based on what you write, you cannot delay indefinitely if you are going to sue.


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