Legal Question in Real Estate Law in Ohio

furnace dispute

we sold our home in July of 07' and the buyer had an attorney send us a letter informing us that we did not disclose a faulty heating element in the furnace on our disclosure form. however, the buyer did sign off on having a furnace inspection and we did agree to purchase the home warranty for $460. How should we respond to this issue?


Asked on 4/17/08, 9:16 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: furnace dispute

Dear Reader: Thank you for your e-mail inquiry. Inasmuch as the buyer was provided with an opportunity to inspect the furnace, and found no fault with it, you were under no obligation to disclose a defect that did not arise until AFTER the sale and transfer. Certainly there was no defect known to you, and that's a great, truthful defense.

Sellers of real property are under no obligation to warranty equipment or appliances open to inspection, and certainly no more than a used car salesman.

Have your Home Warranty Company Attorney respond, and they'll understand that you have no intention of being harassed or intimidated, since you are without fault.

Good luck. J. Norman Stark, Cleveland, OH.

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Answered on 4/17/08, 9:40 am


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