Submitted by jenndesan on Fri, 01/02/2009 - 11:22
Posted in
I purchased a house 3 months ago and was recently visited by the town building dept. and informed that my wood burning stove failed inspection. The seller signed a P&S on 8/5/08 stating no code violayions. On 8/6/08 the seller applied for a permit and the building inspector failed the stove for not enough clearance. The seller did not inform me of this code violation. Do I have recourse? Thanks!
Seller's duty to disclose defects in MA
I'm a bit confused about your dates. Generally, while a broker has an obligation to disclose known material defects under 254 CMR 3 (13) (c) (1) and MGL c.112, s.87AAA3/4(c), the seller has no duty. However, the seller can not make misrepresentations in response to direct questions. That would be the issue for you: Did he claim or state there were no code violations at a time when he knew there were? In any case, even if your seller did make a misrepresentation, your damages (to repair the stove) may not be large enough to justify the cost of hiring an attorney. So, you would likely have to go to small claims court. Good luck.