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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111543
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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In 2006 we bought a geo furnace home from a local company.

Customer Question

In 2006 we bought a geo furnace for our home from a local company. We had many
problems with the furnace o thever many years. We did not learn that real problem with
the furnace was that the furnace was undersized for the house. The company should have installed a larger unit . However we did not learn this fact until this past year. We talked to the company but had no success. We hired a lawyer and went to court in 2015. or iit The judge ruled that the statute of limitations had run out and we had no case. We lost.
Our question is are there cases in which the statute of limitations does not take presidences.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, the statute of limitations on warranty and construction or negligence are hard and fast guidelines the courts must adhere to for all cases. The only way that the court may ignore that statute of limitations is in a case where there was fraud that concealed the negligence or defect. If you knew the furnace was not working though, I am afraid that the court has to hold that it would be reasonable that the person knew or should have know there was a defect and suit should have been filed within the statute of limitations. If you have already been to court and lost the case, I am afraid that the case is over as well and you cannot file any new actions and this was something the attorney should have prepared and looked into prior to even filing the suit.

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