Legal Question in Real Estate Law in Ohio

furnace not working in home we just bought

My husband and I just bought this house 2 months ago. 2 days before inspection, the seller called to tell us the furnace was not working but he would get it fixed asap. The inspector went out and it was still no working.

The seller signed a paper at closing stating he would have it fixed within 30 days. Well 2 weeks ago we contacted him as he still hasn't sent anyone out here to fix it.

We decided I would contact my warranty company and he would pay the service fee. Well the warranty people came out and of course they said it was pre exisiting. The service guy said the furnace is in awful shape and you couldn't pay him enough money to fix it (it's about 35 years old) He said it's not worth fixing it. We told the seller and he said he knows someone that could come out and fix it still. We told him we would just rather replace it since the repair guy said it's not worth fixing. The seller agreed to pay $800.00 towards the furnace. We got 5 different estimates and they are all right around 2k. Should he have to pay for the entire thing, or does he just have to fix it as the paper he signed said?


Asked on 10/23/07, 8:32 pm

2 Answers from Attorneys

Robert Rosplock Rosplock & Perez

Re: furnace not working in home we just bought

The seller's obligation is to fix the furnace. I suggest you take his offer to contribute to a new furnace. Even if it was working, you knew you were getting an old furnace. You cannot hold the seller responsible to provide a new one.

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Answered on 10/24/07, 9:09 am
Robert Rosplock Rosplock & Perez

Re: furnace not working in home we just bought

The seller's obligation is to fix the furnace. I suggest you take his offer to contribute to a new furnace. Even if it was working, you knew you were getting an old furnace. You cannot hold the seller responsible to provide a new one.

Read more
Answered on 10/24/07, 9:09 am


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