Q: We purchased a house from a property company that flipped it. The windows leak. Is there any action we can take?
We purchased a house from a property company that "flipped" it. The windows (new windows they had installed) have leaked since day 1 and we've been trying to work with the property company to resolve the issues and now are getting no where. What legal actions can we take to get the windows fixed without having to pay out of our pocket for them? We purchased the house under the impression the windows were new and installed free from defect.
A: Unless this issue was reserved, sales in New York are "as is", and you likely have no remedy with the seller.
A: If they are new windows they may be under warranty for the install and the product. You should contact the seller or seller's attorney to find out about the warranty status. If not, then you may be out of luck since as the other attorney mentioned, Real Estate sales in NY are generally "as is" transactions, meaning that absent fraudulent inducement (which nothing you have indicated would rise to the level of) that you are should investigate before closing all potential issues and get a home inspection report to advise you of potential issues before you sign the contract.
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