Bought a house recently. When we had the inspection the furnace worked and when we did the walk through they had replaced the thermostat and the heat was off.

Now, after signing, the furnace is inoperable, no current running to it looks like it might be a shorted board, upon going back to the home for some reason and my realtor, who turns out is the buyers friend and even campaigning for them, is telling me that the buyers do not have to pay and cannot be held liable.

Is this correct? The furnace was working during the home inspection but her argument is that since we didn't test the furnace during the walk through that they have no obligation to fix

  • The answer probably depends on the jurisdiction. – phoog Nov 12 '17 at 18:34
  • @phoog Added State PA – SCFi Nov 12 '17 at 18:37

The phase "after signing" is ambiguous. I assume that you mean "after closing" (i.e. after transferring title to the house and paying the purchase price).

Generally, they are correct. Unless (1) the seller affirmatively and falsely represented that the furnace worked knowing that it didn't and intending to mislead you as to that fact, or (2) the sellers were silent and this could not have been discovered with a reasonable inspection (i.e. it was latent defect), you cannot recover from them.

Realistically, a furnace problem could be discovered with a reasonable inspection, so absent affirmative fraud you are stuck.

Buyer beware is the default rule in a home purchase.

New home purchases generally come with a warranty, but previously owned homes do not.

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