Expert: Karyn Foley - 6/7/2008

Question
QUESTION: Hi...we are looking to buy a home on LI NY, we finally found one that we like for the location.....we put in a offer and the sekker has acceoted it....we had an inspection yesterday and the inspector found that the roof is leaking, and the boiler does NOT work.
Does the seller have to replace or repair those items or can they pay us for them.
Thank you,
Carolann

ANSWER: Dear Carolann:  This is a good question, but fortunately, not a major hassle for anyone - at least it shound't be!  In California, the contract does not state that the seller has to fix anything, as long as the buyer is aware, and you are aware, unless NY laws are different.  Take a good, clear look at your contract.  My only concern is that this issue is addressed during the stated contingency period for your home inspection.  You should have your agent, or yourself, get a good answer from a licensed roofer.  Perhaps it is a minor leak that is easily repaired, or it may require a new roof.  You should know the cost for both, and then, in writing, request that your seller make the repair.  If the contingency period is getting too close, as your agent to formally ask the seller to extend the contingency period in writing until the issues referring to both the roof and boiler are resolved.  You shouls also seek the same answers about the boiler and go through the same process as the roof, but do these two items together. Your seller can either say say yet that the seller will make the repairs, or not, the seller will not, or you can perhaps both make a contribution to the repairs or replacements of those two items.  If neither is agreeable, then it is up to you, the buyer, to repair or replace, or if you do not wish to do so, you can cancel your agreement if there is an inspection contingency in your agreement.  Call your agent at once to determine.  My only concern that you should also address immediately is whether or not your lender will make the loan if these two items are not handled prior to the close of the transaction.  Some lenders will require these items be done prior to closing as they do not wish to make a loan on a home that has problems that could impact the integrity of the structure.  Now, if you end up paying or doing these items yourself, you will not want to lay out any money until you - and only you - own the home and it is in your name. That is because if something untoward happens you could always be left "holding the bag"!  This could be solves by a written agreement where the seller will do these items prior to closing and you will reimburse the seller upon closing.  Let me know how it goes and good luck!  Usually home inspections come up more deadly!  You are fortunate, Karyn Foley

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QUESTION: Just wanted to add.....we are purchasing the house without a mortgage, because we have already sold ours.
The roof not only leaks but, it looks visibly old to the eye.....cracked and curled.....it does need to be replaced...to me the boiler is a very important article that should be working....number one reason would be that Ny does get cold in the winter......and a boiler is an expensive purchase......I always was under the impression that the seller had obligations to sell with a roof free from leaks.....and a working boiler.

Answer
Dear Carolann:  Many years ago, real estate contracts here in California did state that the seller was to deliver systems and appliances in working order.  This has been changed.  Please examine your contract to see the status of your state area.  What does the contract obligate the seller to do with reference to systems and appliances, including roof.  Out here, all the seller has to do is to disclose any items not in working order that he or she is aware of.  Now that you have your inspection, you are aware and so is the seller.  Only an expert can determine if there is a new roof needed in lieu of a repair or if the boiler can be repaired or needs to be replaced.  Again - check your contract to see the seller's obligations.  That is the determing factor.  Nothing in real estate can be done verbally - in any state!  Anything and everything with reference to seller's and buyer's responsibilities and obligations are in writing within your written contract.  Let me know, Karyn Foley