Who is responsible for repairs needed to a home that was purchased?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is responsible for repairs needed to a home that was purchased?
The sellers never disclosed issues with HVAC unit. The home inspector passed the unit. I had experts come in and try to diagnose the problem. The problem is lack of airflow to supply lines. HVAC return lines, supply lines were installed improperly. Supply lines in the master bedroom from the 2nd HVAC unit are not connected. Supply lines are run through the concrete slab that the house sits on and the floors need to be pulled up in order to access them.
Asked on April 13, 2019 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on whether the sellers knew about the HVAC issues--which in turn, as a practical matter means whether or not you can prove that they logically must have known (any homeowner in their position would have known) of the problem. If they knew or must have known but failed to disclose the problem, they committed fraud and you could sue them for the repair costs. If they did not know, they are not, however, liable--there is no obligation to disclose that of which you are not aware, and therefore no wrongdoing in failing to disclose something unknown.
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.