Denver, CO asked in Real Estate Law for Colorado

Q: Had an inspection & found out the water heater/furnace weren't new, when the listing said they were. Anything we can do?

The listing stated brand new water heater and furnace. There was also a note on both saying they were new. After putting in an offer and going under contract we found out during the inspection that the furnace was at least 10-15 years old, and the water heater was 8. We're upset because we feel like it was false advertising, but we're not sure if there's anything we can do besides ask for additional concessions.

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2 Lawyer Answers

Vincent Gallo

Answered

A: Start by telling them that you are not closing, and any circumstances. Leave it for them to respond to you.

Donald C Eby

Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: If you are using the CO Real Estate Commission Buy/Sell Agreement this form provides you the opportunity to renegotiate or terminate the contract based on the results of your inspection. If you are using a Broker he/she should be able to help you with this, if not you may want to consult an attorney to assist you.

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