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I just moved into a home and within 48 hours the hot water…

Customer Question
I just moved into...

I just moved into a home and within 48 hours the hot water heater caused a major leak and flooded my entire living room. The day my home inspector came the heater didn’t heat well and the owner said that it was because he had it off for awhile. So the agreement was that it would be serviced by him and I would obtain a clean bill stating it’s In working order. So I did and I received a receipt stating that the heating is working and will work for a while. Sadly the furnice has a crack and the heat isn’t working and now leaking. The company I hired stated that the water heater has cracks and very old although no sticker is in the heater stating the age. The furnice is on its last legs and will need to be replaced. The previous owner Today walked into my home demanding that I give him the old water heater. He also interrogated my people about the system and wanted to bring his own people. I just don’t understand why he feels entitled and demanding. Do I have a law suit ? He claimed All was in working order now he is circling my property and harassing us for the heater. He was a home that bought this cheap and did cheap work. Please advice. I live in coplay pa

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Coplay, pa

Lawyer's Assistant: Has any paperwork been filed?

For courts. No. But the House was sold nov 17. This happened nov 18. Now dealing with insurance and a heating xompany

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thatsbit

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/22/2017
Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,336
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

I am sorry to hear you are having issues with your new home especially right before the holidays.

If a seller warrants, either verbally or in writing, that an appliance is in good working order and it immediately fails, the court would typically presume the defect was pre-existing (ie it was not a new defect that arose after the close of the transaction) and that the seller misrepresented its condition.

If a seller misrepresents the condition of an appliance in a home sale, that is generally considered an immaterial breach.

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Normally damages will include those that are reasonably foreseeable and proximately caused, such as replacement of appliance, damage to personal property. For cases under $12,000 please see:

https://www.pabar.org/clips/bringingsuitBeforeDJ.pdf

As for entering the house- once the transaction is finalized, the seller may not enter the house without permission for in doing so that constitutes trespass, which can have criminal as well as civil liability.

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Customer reply replied 6 months ago
Do you know of a lawyer in my area that can’t represent me in Allentown, pa
Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

Unfortunately we can't give specific referrals but here is a link to the county bar:

http://lehighbar.org/resources/lawyer-referral-service/

Also martindale.com is a popular site where attorneys are ranked by clients/peers.

Please let me know if you have any further questions, otherwise kindly rate positively -thank you!

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Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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