Q: If someone sells a house on contract and there is a mortgage on the property who is responsible for repairs?
My daughter is buying a house on contract which still has a mortgage. The contract was signed by both and a notary. The house has a furnace which isn't even a home furnace,it's an apartment furnace. And it has stopped working. My daughter says that she is paying the homeowners insurance with part of her house payment, but the homeowners insurance is in the seller's name because there's still a mortgage on the home. Is the seller responsible for the cost of a new furnace? if my daughter is paying insurance as part of her house payment, how can she even turn this in on her "homeowners" insurance?
A:
You ask if your daughter is responsible for repairs to the furnace of the home she is buying on contract. Given the limited information provided, it would appear that the contract (i.e. Articles of Agreement for Deed a/k/a Rent to Own) is not completed. If so then the home does not belong to your daughter yet. Unless the contract states otherwise, your daughter should not be responsible for the repair. If the contract does make her responsible for the item then she should take up the matter with the seller/lessor as the furnace would eventually be hers - she should make sure it is the right type and that it works properly.
I hope this information was helpful. I recommend that you also have a local Attorney review the situation before moving forward. Best of luck.
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