Who is responsible if I just closed on a home yesterday and the breaker box keeps tripping?

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Who is responsible if I just closed on a home yesterday and the breaker box keeps tripping?

The electrician said it all needed to be replaced nd should have never passed inspection. Who is responsible for replacing it?

Asked on September 6, 2019 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the seller had knowledge of the faulty breaker box and failed to disclose this to you, then they committed fraud. You can take legal action against them. If, however, the seller had no knowledge of the condition then unfortunately you bear the cost of replacement. If you had a home inspecion, the home inspector might well be liable for negligence in failing to discover the faulty breaker box.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the seller was aware of the issue or it can be shown that the seller logically must have been aware but failed to disclose the problem, then the seller committed fraud and would be liable for the repair or replacement cost. But if the seller did not know (e.g. it was working fine for him or her), he or she would not be liable; liability is based on concealing the problem.


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