Legal Question in Real Estate Law in Massachusetts
My wife and I bought a house a week and a half ago. We did a pre-closing walk through and noticed that the furnace was leaking something. We went to the closing and prior to signing we brought the issue up. We were getting and FHA loan. The sellers Real Estate Agent and the Mortgage Lender both went to the property and verified the leak and informed the sellers attorney, who was present at the closing. The attorney called the sellers and came back in the room and stated, "OK it's not a problem, the sellers will pay for a repair." Unfortunately we did not get this in writting, but in the room with me and my wife was our RE Agent, the loan originator, the banks closing attorney and the sellers RE Agent. We were told to just get a quote for the repair and then drop it off at the sellers RE Agents office and all would be taken care of.
When we had the furnace inspected, we were told that the furnace needed to be repalced because it was cracked and at one point someone had added a sealant to it. This was not disclosed on the P&S. The sellers list the condition of the furnace as "Unknown". We informed the sellers RE Agent of the fact it needed to be replaced and submitted the quote. They came back wanting us to have another furnace person look at the furnace, which we did, and were told the same thing - "The furnace needs to be replaced." We submitted his quote to the sellers RE Agent. When I contacted the sellers RE Agent, via email, to find out the status, I was told, "do not expect the sellers to pay to have the furnace replaced."
The sellers agreed to pay $3100 towards the furnace today but us to sign a release. The release is below. Should we sign it?
IN CONSIDERATION of payment in the amount of Three Thousand One Hundred ($3,100.00) Dollars from "seller name", "our names", hereby release of any and all claims which they now may have against "sellers name", individually and as Trustee of said Trust, and hereby releases, indemnifies, and forever discharges, and by these presents do, for themselves, their heirs, executors, administrators and successors, remise, release, acquit, satisfy and forever discharge the said Christopher Whittier, his heirs, executors, administrators, successors and assigns, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, reckonings, bills, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands whatsoever in law or in equity arising from the sale of "address" Massachusetts.
In Witness Whereof, executed this day of August , 2012
2 Answers from Attorneys
No attorney should take professional responsibility for something as important as this over the internet. If you would like to hire an attorney to review this carefully, learn the specific facts of your situation, and explain to the consequences of signing a return on the furnace and your other rights, feel free to contact my office for a consultation and document review.
A release generally absolves the party who is being release from any and all liability, and can be narrowly constructed or broad. Whether you should sign it involves legal advice and judgment, and you will get what you pay for.
The answer to your question would constitute legal advice, which is inappropriate to give absent a mutual attorney-client representation agreement and full disclosure of all surrounding facts and circumstances. Even though your question is thorough, much more information would be necessary for any attorney to properly evaluate. If you would like to discuss this issue further, feel free to contact me directly.
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