Legal Question in Real Estate Law in New York

Disclosure of bad furnace

I purchased a home in Dec. 2001. It was being sold as the result of a divorce, and they were in a hurry to settle, as the money would be slpit. I had the house inspected before I bought it. When I had the furnaced serviced in 2004, they could not do it. It was in terrible condition - rusted, and dangerous. They said it was the worst furnace they had ever seen. I had to get a new one right away. it is a forced-air, natural gas.

Is there any way the previous owner is partly responsible for this, and can I receive compensation, as least partly for he new furnace?

I also have a small mold problem in the front of the roof. It was because the roof was not done properly in 2001, and I cannot seem to get the roofer to even return my calls. He did say when I called him about problems I had in 2001, that the previous owner had wanted to ''cut corners'' and not do things right.

Is there any legal recourse to these problems?

Thank you for your time.


Asked on 9/16/05, 11:55 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Disclosure of bad furnace

Unless you specifically reserved certain things, ie., warranties, roof, plumbing, electrical or other essential items, respecting the property, in a writing, signed by all the parties, it is extremely unlikely that you have recourse against the sellers, for compensation. This is especially the case, if it was more than one 1 year, from the date of closing, that you reported the defects.

Consider approaching this matter from another angle and Talk to your accountant.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/19/05, 3:37 pm


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