Legal Question in Real Estate Law in New Hampshire

Bad Furnace

Can the seller of a house legally be held financially responsible for the repair of major appliances (such as a furnace) if it can be shown that said appliances were in serious disrepair before purchase of the house? My wife bought a mobile home in Portsmouth, NH from the state, who owned it due to the previous owner of the house passing away with apparently no legal heir(s). There was no mention of the fact that the furnace was in serious disrepair in any agreements that were signed by my wife, nor was there any mention of this fact in the inspector's report. The inspector actually verbally reported to my wife, in my presence, that the furnace was in good working order, and made no mention of any defects within the inspection report. Can we bring either/both the state and/or the inspector to court in order to recoupe our financial losses (around $4,000 so far...)?


Asked on 10/08/08, 12:02 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: Bad Furnace

You did not indicate who hired the inspector. If you hired the inspector and relied upon the opinion as to working condition of the furnace before you decided to purchase, you probably have a claim against the inspector. However, without a written report there is a question as to how you would prove the statement made by the inspector.

As to the State as seller, did they may any representation as to the condition of the furnace? Generally the buyer is free to inspect and make any determination the buyer thinks appropriate before the contract is signed, or as a condition before concluding the sale. Without an examination of the documentation it is difficult to offer more information.

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Answered on 10/08/08, 12:14 pm


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