Legal Question in Real Estate Law in New York

Purchased a house that represented it had heat

I closed on a house that had a thermostat and baseboard heaters.The walk thru was on an 80 degree day. The heat was not on. However during the walk through I noticed a water stain on the ceiling, the pool had not been opened and operational as specified in the contract, the premises had not been left free of sellers personal items. $25,000 was held in escrow for the 3 identified problems. The sellers attorney is now saying I can't put the heating repair towards the $25,000 in escrow. Is it legal to represent a house has heat when it does not?


Asked on 5/08/07, 12:05 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Purchased a house that represented it had heat

It depends upon the contract of sale. Many state that "the plumbing, heating and electrical systems shall be in working condition, and the roof free of leaks at closing." Check with your attorney and read your contract.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 5/08/07, 12:49 pm


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