News
01-12-2007, 06:13 PM
Liability for Furnace Depends on Its Condition
By Barry Stone
Saturday, January 13, 2007
Q: DEAR BARRY: My daughter bought an 85-year-old house. The sellers disclosed that the gas furnace was in working order. After moving in, we had a furnace repairman check the system to make sure that everything was fine. It turned out the furnace is not up to code and will need to be replaced. Are the sellers liable for the cost of replacement? -- Craig
A: DEAR CRAIG: If the furnace is unsafe or doesn't work, the sellers could be liable, depending on whether they were aware of the problem. But there is an inconsistency in the repairman's findings, as you described them.
A furnace must be replaced if the fixture or its components are damaged or deteriorated. When a furnace doesn't comply with code, however, that's typically a matter of improper installation and usually can be corrected.
You should ask the repairman three questions: "What, exactly, is wrong with the furnace? What are the specific code violations? Can the furnace be made to operate safely?"
Also, a question for you and you daughter: When you say "repairman," do you mean a licensed heating and air-conditioning contractor? If not, you should get a second opinion from a qualified professional.
Did your daughter hire a home inspector before she bought the property? If not, she made a crucial error. In that case, a home inspector should be hired now to determine what other defects remain undisclosed. If she did hire an inspector, why was the furnace problem not discovered then? The answer would depend on the nature of the problems, whether the defects were visible at the time of the inspection, and whether the furnace is truly faulty.
DEAR BARRY: We just bought our first house and hired a home inspector before signing the contract. During the inspection, my husband noticed a wet spot in the yard and pointed this out. The inspector said it was probably because of the recent rain and advised us not to worry. After we moved in, the spot remained wet during the hot, dry months. We e-mailed the inspector about this and he said we probably have a leak somewhere. So now what do we do? -- Dawn
DEAR DAWN: When a home inspector sees a wet spot in a yard, all possible causes should be considered. A more complete disclosure in the inspection report would have been, "Wet spot on lawn may be due to recent rains, but faulty ground drainage or plumbing leakage are also possible causes. Further evaluation is recommended to ensure against leakage. If no leak is detected, site drainage improvements may be needed."
Incomplete disclosure has exposed the home inspector to some degree of liability. If a plumbing repair is needed, he may be willing to assist in paying for the repair. Faulty site drainage, if it doesn't affect buildings and there is no erosion, may not be a serious problem. Again, further evaluation is needed.
Barry Stone is a professional home inspector. If you have questions or comments, contact him through his Web site, http://www.housedetective.com, or send mail to 1776 Jami Lee Ct., Suite 218, San Luis Obispo, Calif. 93401.
By Barry Stone
Saturday, January 13, 2007
Q: DEAR BARRY: My daughter bought an 85-year-old house. The sellers disclosed that the gas furnace was in working order. After moving in, we had a furnace repairman check the system to make sure that everything was fine. It turned out the furnace is not up to code and will need to be replaced. Are the sellers liable for the cost of replacement? -- Craig
A: DEAR CRAIG: If the furnace is unsafe or doesn't work, the sellers could be liable, depending on whether they were aware of the problem. But there is an inconsistency in the repairman's findings, as you described them.
A furnace must be replaced if the fixture or its components are damaged or deteriorated. When a furnace doesn't comply with code, however, that's typically a matter of improper installation and usually can be corrected.
You should ask the repairman three questions: "What, exactly, is wrong with the furnace? What are the specific code violations? Can the furnace be made to operate safely?"
Also, a question for you and you daughter: When you say "repairman," do you mean a licensed heating and air-conditioning contractor? If not, you should get a second opinion from a qualified professional.
Did your daughter hire a home inspector before she bought the property? If not, she made a crucial error. In that case, a home inspector should be hired now to determine what other defects remain undisclosed. If she did hire an inspector, why was the furnace problem not discovered then? The answer would depend on the nature of the problems, whether the defects were visible at the time of the inspection, and whether the furnace is truly faulty.
DEAR BARRY: We just bought our first house and hired a home inspector before signing the contract. During the inspection, my husband noticed a wet spot in the yard and pointed this out. The inspector said it was probably because of the recent rain and advised us not to worry. After we moved in, the spot remained wet during the hot, dry months. We e-mailed the inspector about this and he said we probably have a leak somewhere. So now what do we do? -- Dawn
DEAR DAWN: When a home inspector sees a wet spot in a yard, all possible causes should be considered. A more complete disclosure in the inspection report would have been, "Wet spot on lawn may be due to recent rains, but faulty ground drainage or plumbing leakage are also possible causes. Further evaluation is recommended to ensure against leakage. If no leak is detected, site drainage improvements may be needed."
Incomplete disclosure has exposed the home inspector to some degree of liability. If a plumbing repair is needed, he may be willing to assist in paying for the repair. Faulty site drainage, if it doesn't affect buildings and there is no erosion, may not be a serious problem. Again, further evaluation is needed.
Barry Stone is a professional home inspector. If you have questions or comments, contact him through his Web site, http://www.housedetective.com, or send mail to 1776 Jami Lee Ct., Suite 218, San Luis Obispo, Calif. 93401.