who is responsible for repairs

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 lock Secured with SHA-256 Encryption