Q: Did the house seller violate any law by not installing a water heater according to the specification of the heater?
I purchased a house a few months ago from a seller of the house who renovated the house for sell. A part of the renovation was the installation of a new tankless water heater. However, the seller did not install a new electric panel to the specification of the water heater. As the result, the existing electric panel could not support the new heater and the water heater is unsafe and unusable. This problem was noted in house inspection before the sale and the seller was asked to fix it. The seller claimed that he had fixed it but he did not. We did not notice that problem again until after the contract was signed. It would cost several thousand dollars to install a new electric panel. Did the seller of the house violate any law by not installing a water heater according to the specification of the heater and can I win in the court to get him install a new electric panel? The seller claimed the house is sold as-is and he is no longer responsible after the contract.
A: Your questions depends on what was stated in the real estate purchase and sale contract. If the terms of the written contract obligated the seller to install an electric panel that conformed to the specifications of the newly installed water heater, you may have a good claim. If the contract was silent on that issue, you may have a weakness in your claim. Also, if the contract stated the house was sold "AS IS", the well established doctrine of "Buyer Beware" will place the burden on you to show the seller's conduct was deceitful and fraudulent. This is a high burden of proof to show that type of conduct by the seller.
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