Legal Question in Real Estate Law in Massachusetts

what is the definition material defect in the real estate transaction in mass?

Is poorly functioning air conditioner and heating system not function properly which has been working for more than 30 years where as manufacturer's recommendation is 20 years of life, can be considered as material defects?


Asked on 7/11/10, 4:59 am

1 Answer from Attorneys

Not likely, unless the cost of the airconditioner is significant and the Buyer would have significantly aletered his offer. Also, the air conditioner's age is not the issue and could and should have been discovered by your inspection.

A material defect is one that the Seller is aware of and would have materially impacted your terms of purchase and which the Seller was aware. For instance, a roof that leakes but the Seller says the roof is OK and covers all indications of that the roof has leaked before and does not disclose the problem or say the roof needs to be replaced.

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Answered on 7/12/10, 7:53 am


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