Legal Question in Real Estate Law in Oregon

illegal pellet stove

I am selling a house on a monthly contract. The buyer put in a pellet stove, without informing me, without a permit, installed by a friend, no inspection from the county. The county says they can hold me responsible for the pettet stove being installed illegaly. Why isn't buyer held responsible? Is the buyers fire insurance any good if a fire happens because of the stove?


Asked on 1/31/08, 9:55 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: illegal pellet stove

A seller on contract is still the legal owner until title to the property is signed over to the buyer. Code enforcement will look to the owner since they can put a lien on the owner's title.

The insurance company may very well have an exclusion for coverage as a result of this unauthorized improvement.

A call to the insurance company should clear up what the policy says about pellet stoves. Of course you can fight with them later whether or not this was covered by the policy, but it's better to know up front.

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Answered on 2/16/08, 4:52 pm


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