Legal Question in Real Estate Law in New Hampshire
Non-disclosure of hazard by real estate agent
I've bought a house for $238K with home inspections pending. The chimney inspection found the chimney flues to be in such damaged condition that a hazard exists. The inspector's report clearly states the fuel oil boiler, the basement woodstove, and the living room manufactured wood-burning fireplace should not be used in the two flues until repairs are made.
If the boiler cannot be used for heat and for hot water, does this make the house unhabitable?
I also discovered the realtor had a different chimney inspection company do an inspection a few months ago. The results were the same - hazardous conditions in the flues and the wood burning manufactured fireplace's connection to the flue dedicated to the fuel oil boiler violated fire codes.
By not disclosing the chimney's condition before buying the house, did the realtor fraudulently misrepresent the sale?
Is the seller now responsible to make necessary repairs so the house is habitable?
This is a dual agency situation because after driving by the house, I went directly to the listing real estate office. I know now that was not a wise thing to do.
1 Answer from Attorneys
Re: Non-disclosure of hazard by real estate agent
I am confused as to whether you have actually closed on the house. If so, when did you get the home inspection report? If not, then, a buyer usually does not have to do anything to repair unless he wants to but you may be able to get out of the deal.
If the agent knew, there is some law that says they must disclose.
If you bought the home, you should contact a lawyer.
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