Legal Question in Real Estate Law in Maryland

After sale hvac problems

I recently sold a townhome. The buyer had a inspection done before I had the gas turned on and they could not check the heating system. Then we closed on the property before the heat was ever checked and a few days later after taking possesion of the home the new owner had the gas turned on and the heating system failed. Now they want me to pay to fix the problem. Am I responsable for the cost to fix the heat system even after closing on the property? All money has been dispersed and papers signed.


Asked on 11/27/07, 3:49 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: After sale hvac problems

The answer to your question depends on the terms of the contract. If you sold the house in "as is" condition and were unaware of any problems with the hvac, you shouldn't be responsible. However, many contracts, particularly those used by realtors, contain a provision that says that the hvac must be in good working order at time of settlement. If your contract contains such a clause you may be responsible, although you could still argue that the failure of the buyer to raise the issue before settlement constitutes a waiver of his right to recourse now, especially since he had the opportunity to inspect the system and failed to do so.

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Answered on 11/27/07, 4:19 pm


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