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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Does home seller have obligation heater ruined by negligent

Customer Question

Does home seller have obligation for water heater ruined by negligent installation?
In short, made offer on residence, water heater was replaced by seller as a condition of final sale.
14 months later, heater won't ignite anymore. Service call noted negligent installation.
Installation assumed Natural Gas as fuel source. Existing fuel source is Propane. I'm not sure if this is a missing a conversion kit or wrong heater issue.
I'm sure that I signed some sort of "excepted as-is" paperwork settlement, but didn't their agreement to replace with new, imply one done properly, in accordance with local code and authorities having jurisdiction?
Plan B might entail going direct to the installing contractor. Does seller have obligation to provide this information to me?
Submitted: 9 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 9 months ago.

The seller would only have liability per the warranties that were in place as a part of the conveyance (which normally are in place for one year after the date of the sale - unless there was fraud associated with the conveyance or the fixture that has become defective).

That said, in the present case, I think your best bet, legally speaking, is to go after the contractor that negligently installed the water heater. There is technically a three years statute of limitations to bring an action against this person for negligence. You could actually bring the action in small claims court as well and use the seller as a witness on your behalf in stating the contractor was required to properly install the water heater. This is your most likely mechanism for an outcome in your favor.

Let me know if you have any other questions. I am a licensed attorney with over a decade of litigation experience. Please also rate my answer positively (three or more stars) so I can receive credit for my response.

Best wishes going forward!

Expert:  Delta-Lawyer replied 9 months ago.

Just checking to see if you have any additional questions. I want to make sure you are as comfortable as possible as you move forward. Thanks!

Expert:  Delta-Lawyer replied 9 months ago.

Just checking one last time on you to see if there are any other issues. Thanks

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