Legal Question in Real Estate Law in New York

used furnace

I live in new york state. I purchased a townhouse in 1992. This year i started to have problems with my furnace. this was a brand new build, first owner. my builder put in a 6yr old furnace. he claims no liability. is this true. I had to replace my hot water heater in 1995. that was 8 yrs. old when he installed it. i had to replace my furnace at my expense. is there any way to get the builder to pay for this. he sold his business last year. he still remains on our assn. board. the furnace serial number was confirmed as being made in 1986 by the company that manufactured it. i have written to the builder, but he says he is not liable. i feel i have to go to small claims court, but i would like to not have to do this, if i can get him on some other legal issue. thank you.


Asked on 5/22/00, 10:51 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: used furnace

You do not say whether the property was new when you purchased it or was converted from a prior older building. If it was converted and the furnace and water heater were the originals and this information was specified in the prospectus you were given, the builder may be correct, if they were in good working condition at the time of purchase. However, if they were represented to have been new equipment, you may have a claim for fraud or misrepresentation - and small claims is the place to go. Also, were any warranties given at the time of purchase? If the equipment had warranties, you may have recourse against the manufacturer if they failed during the warranty period.

Walter

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Answered on 7/10/00, 10:56 am


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