Recall after Closing

Added October 16, 2003 by Ilyce R. Glink

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Summary: A furnace is recalled after closing. Illyce reassures that the sellers have no responsibility.

Q: We sold our townhouse in early August. Two days ago, our agent advised us she had received a letter recalling the gas furnace.

Although the gas company checked out the furnace in July (a month before closing) and found the it to be working properly, are we responsible for the repairs or replacement of the furnace?

A: If a product is recalled, typically the manufacturer will repair the item or replace it. There may also be some cash involved to reimburse owners who had to shell out their own money for repairs.

Depending on what your contract says, this might be your responsibility but I'm guessing it will fall to the buyers to sort out. After all, you didn't know the gas furnace was being recalled, and it was checked out by a responsible third party. The buyers should pursue reimbursement, remuneration or replacement from the gas furnace manufacturer.

For more details, consult a real estate attorney.

NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.

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