Is there a lemon law with a home you just purchased?

Asked by Elm, Albany, NY Mon Feb 2, 2009

Just purchased a home about a month ago and the furnace quit. My inspector suggested I have them service it and they said they did. When I first had problems I had the same company come and they said there was known issues with it and the old owners asked for a cleaning and service with a receipt anyway. It failed yesterday and I need to replace it in the middle of winter. Do I have any recourse?

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Bill Eckler, Agent, Venice, FL
Tue Feb 3, 2009
Elm,

Since you are hearing conflicting reports, our advice is to have another heating contractor look at the furnace and evaluate it.

There are companies that specialize in service while others like to sell you new products. Be sure you are dealing with a company that is service oriented.

Good luck
0 votes
Ralph Windsc…, Agent, Hauppauge, NY
Tue Feb 3, 2009
Sorry you're having difficulty - especially this time of year. This is a multi-layered issue. From your posting, it seems that your inspector noticed problems with the furnace upon the initial inspection of the house. What were his recommendations at that time? If the inspector said that it merely needed a servicing and the homeowners did it, then there's nothing you can do. If the homeowners misrepresented the age of the furnace or something like that, then you may have recourse due to fraud. You may actually have recourse against your inspector if he/she didn't notice any major problems with the furnace. More than likely, you don't have recourse against anyone since you've already been in the house a month. The older owners are only responsible for giving you a house where everyone works when you move in, not in the future. Sorry. My recommendation is for you to speak with an attorney.
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