Legal Question in Real Estate Law in Oregon
Pellet Stove Nightmare
A Buyer makes an offer to purchase a home with a specific contingency that the pellet stove be in working order.
Prior to closing the pellet stove is serviced by a pellet stove professional. He cleans it and runs it but never lights it. He leaves with the stove working.
Buyer moves in runs stove two days and the control panel goes out. A $285.00 part.
Buyer wants Seller to pay for repair. Seller says no, because it worked at closing and the stove is older. Parts will start needing replacement.
Who is responsible?
1 Answer from Attorneys
Re: Pellet Stove Nightmare
In a situation where the seller is not warranting the stove, the question becomes whether the seller knew or should have known of the problem with the control panel before the sale closed.
Where a technician was hired to go over the stove and check it out, the buyer will find it difficult to prove that the seller knew or should have known that the control panel would go out shortly after the sale. The seller's only responsibility is to leave the stove in working order when the buyer took possession, which it appears the seller did.
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