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  1. #1
    I'm in Tennessee. Anyone know if it's legal? I've got a real estate agent who doesn't know and I'm new to Tennessee.

    Cheers,
    BC

  2. #2
    Join Date
    Feb 2004
    Location
    5280
    Posts
    466
    Selling the house with a cracked HX would most likely be legal (it would not be against the law here CO).

    Non-disclosure of the cracked HX will get you in BIG trouble.

  3. #3
    immoral, you reap what you sow.

  4. #4
    Join Date
    Nov 2001
    Location
    Seattle, WA
    Posts
    7,778
    Anything is leagal (with the exception that it is deemed unlegal, like selling drugs or robbing a bank) if the buyer and seller have full disclosure and are totally aware of the conditions of the item, house, being sold.

    The seller, for their own protection, needs to document this problem to the nth degree with a ton of signatures from the seller to hold then harmless in all cases and that a price reduction was made as a compromise by the sellers for this "defect."
    "The American Republic will endure until the day Congress discovers it can bribe the public with the public's own money.
    - Alexis de Toqueville, 1835

  5. #5
    Join Date
    Nov 2005
    Location
    Northern VA
    Posts
    512
    I don't know in TN. Some states have mandatory disclosure of defects, others don't. Even if you could do an "as is" sale with only the Federal (lead paint and asbestos) disclosures, I would mention the HX crack since you know about it. Even if you don't have any liability for not disclosing, IMHO it's pretty sleazy not to.

    If you insist on trying to hide this defect, you really need to talk to a real estate lawyer who knows the laws in your state and can give actual legal advice.

  6. #6
    Join Date
    Mar 2005
    Location
    burlington county n.j.
    Posts
    9,754
    really depends on local codes. some towns in nj require heater be certified for house to be sold. if cracked seller buys a new furnace. other towns could not care less.

  7. #7
    Join Date
    Jan 2002
    Posts
    57
    Real Estate rules require full disclosure, if something is kept from the buyer, they have recourse against the seller and agent.

  8. #8
    Join Date
    Apr 2004
    Location
    Palmdale, CA
    Posts
    199
    I don't know about whether it would be legal or not in your state. If you know about it and sell the house this way and somebody dies you may be responsible. Let's think about karma and what you would like if you were buying the house. All I can really say. I know you will do what ever you want to do anyway.

  9. #9
    Join Date
    Mar 2004
    Location
    SE Michigan
    Posts
    18,076
    Unlawful is against the law. Illeagel is a sick bird.
    To put the world in order, we must first put the nation in order; to put the nation in order, we must put the family in order; to put the family in order, we must cultivate our personal life; and to cultivate our personal life, we must first set our hearts right.
    -- Confucius

  10. #10
    Thanks for the input!

    to clarify: I'm NOT the Seller of this house. I'm a potential BUYER and I'm trying to get as much leverage for getting this antiquated 1989 system thrown in the trash - where it belongs. If anyone has any tips, I'm all ears. This is my first house so I'm open to advice.

    It seems that the seller's agent couldn't care less about the dangers involved with the unit. I think that's as immoral as it gets!

    Cheers,
    Bryan

  11. #11
    Join Date
    Aug 2002
    Location
    Southold.calm
    Posts
    5,874
    What makes you think the HX is cracked?

    Or are you just trying to lower the sale price?

  12. #12
    Join Date
    Mar 2005
    Posts
    657
    antiquated 1989 system thrown in the trash

    That's only 16 years old. Replace if if you want to. But how did you come to the conclusion that the heat exchanger is cracked?

  13. #13
    I had it inspected by an HVAC pro. He ran tests. I'm going on his word.


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