Legal Question in Real Estate Law in New Hampshire
Sellers liability
I have recently sold my house , and prior to we had a service man come in for the furnace, at this time the buyer was there and spoke with the service man. He was told there were cracks in the fire wall of the furnace and that it needed to be repaired right away. I as the seller paid to the buyer $300.00 to have this work done. The new owner did not have the work done and now , 2 weeks later the furnace is junk and needs to be replaced. Am i the seller liable to pay for the new furnace to be put in? He is telling me that either I pay or he sues. Also in the paper work for the sale of the home it says ..AS IS. ..please help me....
1 Answer from Attorneys
Re: Sellers liability
It sounds like are in a good position but the terms of the purchase and sales agreement are critical. The fact that it was "as is" is helpful but not final; the fact that he accepted $300 to get it fixed and you both believed that would be enough is helpful; however, he purchased a house that presumably had a heating system and it does not.
Even if you have no legal obligation to him, you might want to settle instead of going to court because of the cost. If you do settle make sure you have a lawyer to draw up a release of all claims so the buyer can't come back at you for something else.
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