Legal Question in Real Estate Law in New Jersey
Sellers of home never replaced stove as promised
I am a first time home buyer and the home I just purchased has a stove that was never replaced. The listing of the home specifically says that the stove was to be replaced.
The week before the walk-thru, our realtor called the sellers and their lawyers in order to schedule the walk-thru. The entire week nobody returned our messages. So, finally our realtor left a message the night before stating that we would be at the house 20 minutes before the closing, we had a very early closing. We did the walk-thru and I did turn the stove on but did not turn the oven on. I have been in the house for 1 month and 1 week and up until yesterday did not use the oven. When I tried to use it I noticed that the oven does not work. I have also noticed many scratch marks on the oven indicating the oven is not new. I looked through the manuels the sellers left for the appliances and the stove one was not left for us.
My question is if we can go after the sellers for the oven they promised to replace on the listing.
1 Answer from Attorneys
Re: Sellers of home never replaced stove as promised
Why did you go to closing without getting the stove replaced, if that was a condition of your deal? If you closed the deal without requiring this to be done, you may have waived your right to get it done. You should talk with your attorney about this. Actually, you should have talked with him/her about it before the closing. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney about this issue, before you take any further action, you should contact your real estate attorney or someone else to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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