Expert: Hans Weber, Licensed Broker Associate - 7/24/2004

Question
I am looking at a home for sale in Orange County, NY, and the gas stove that is presently in the kitchen is not included in the house. A friend told me that it is not legal to sell a home with an open gas line in the kitchen, that a stove must be hooked up to it, but I can't seem to find any information on this subject. Is this true?
Thank you,
Joe

Answer
Hi Joe,

Thank you for your question.  The seller is taking the stove and leaving the gas line open?  Is the gas shut off somewhere else in the house?  Certainly the gas is not flowing, but shut off.  Usually there is a shut off valve behind the stove.  The seller can certainly take the stove, but the gas should be shut off.

I think a house can be sold in almost any condition, with or without appliances, light fixtures, electricity, etc.  Often times houses are falling down and are snatched up by willing buyers to repair and resell or to live in.  This will all depend on the buyer and the bank if one is involved.  
If you are buying this house and want a stove then you should condition your offer on a stove being in place.  If the seller is taking the existing stove and you only want that one stone then don't buy the house.  If you can get another stove like it then offer the seller more money to replace the stove, or buy one yourself after the closing.
Some banks may require certain specific requirements in a house in order to lend money on the house, other banks may not.  I bought my house with no inspections, not even termite and none were required by my bank.  My bank did need an updated survey.  Other banks require termite free certificates or at least 60 amp electric service.

Hope this helps you.

Hans