Look through your closing papers, from the day you bought the house, and see if the seller signed a warranty for the house for 1 year.
More likely, somewhere in that tall stack of papers or binder you will find a paper that shows the seller gave you a $500 credit on the price in exchange for not having any warranty. That's normally what happens in the NYC area.
In addition, I suggest you make a quick call to the attorney who handled your closing for you and ask about the existence of that $500 credit or warranty.
Licensed Real Estate Salesperson
New York, NY
This is a question that you need to discuss with your attorney as it is a legal question. I am not an attorney and I cannot give legal advise. However, I do have some thoughts based on my 19 years as a real estate agent here in Brooklyn....
Most contracts of sale here in Brooklyn state that the property is being sold as-is. In addition, most contracts here in Brooklyn also state that the electric, plumbing and heat are in working order. Based on that, buyer's typically do an inspection of the home prior to going into contract. You see, once you are in contract you are legally obligated. Here in Brooklyn, contracts of sale are never subject to inspections, for this reason the buyer must do the inspection BEFORE going into contract. If there are any issues with the inspection, such issues would be discussed and worked out prior to going into contract. Again, once you are in contract you are legally obligated to purchase the house.
In all real estate deals in New York State, the buyer has the legal right to do a final walk-through before the closing to make sure that the condition is the same as it was when the deal was first consummated (as-is remember). If during that final walk-through the buyer discovers some problem that did not exist prior to going into contract, it would be addressed before the actual closing.
The as-is clause in a contract and final walk-through are put there to protect buyers. Once the deal closes, you now own that house and any problem that arises is now your responsibility. In most cases you have no further recourse unless you can prove that the seller intentionally hid a problem from you which would be considered fraud. Cases like that are VERY hard to prove let alone win unless you have concrete factual evidence.
New York State law says that sellers are required to disclose to buyers any material defect within a property before entering into a contract of sale. New York State law also requires real estate agents to disclose to buyers any material defect within the house they are aware of. Just because a defect is present, does not always mean the sellers and/or real estate agents were aware of it, that is what makes it hard to prove.
I hope this answers your question, if I can be of further assistance please let me know. Good luck!
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
And if you did, did your inspector tell you anything about the condition of the heating systems? Unless the seller purposely hid some defect from you, any issues you have with the home after the closing become your issues.
If your inspector overlooked problems with the furnace, you should take it up with him. If you opted not to have the property inspected (either because you decided to save money, or didn't want to waste the time)... well, then...
It sounds as though what's happening to Karl is a banging in the steam (radiator) system. But it's unclear whether that's the only thing wrong... 'cause it sounds as though it may be heating the house, but making noise. In most states (New York included) that doesn't constitute a heating system that's not working.
Many radiator systems make noise... some of the multi-unit buildings in Brooklyn clang all night!
To provide you with accurate information addirional information would be necessary.......
Was your purchase a "short sale" or a "foreclosure?"
Did you have an inspection performed?
Was you contract an "AS IS" contract
Were there any addendums that may have impacted this?
Did you recieve a "seller's Property Disclosure?"
The bottom line is that you should of had the the opportunity to determine there was a problem for yourself or it should have been disclosed to you. This should be able to be determined by the questions outlined above.
Commercial | Residential
REMAX PARK SLOPE
Direct: (212) 300-3919
(If so your attorney should have advised you and might still be able to advise you on this)