Are realtors obligated to insure repair/replacement work of items agreed to in a contract are done properly?

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Are realtors obligated to insure repair/replacement work of items agreed to in a contract are done properly?

My daughter bought a house not long ago, and part of the contract required the seller to have a new furnace installed. We have since discovered the work was very poor and not to code. Including a hazard from possible carbon monoxide leaking, and premature wear of the system. The company that did the work did not obtain the required city permit or have the required inspection done. Is the seller’s relator obligated in any way to make sure the work is done properly?

Asked on April 4, 2018 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the realtor has no obligation to make sure the repairs are done. The realtor does not own the home, does not control the seller, does not guaranty any work, and is not responsible for whether the seller tells the truth or honors his/her obligations. The *seller* may be responsible if he/she either lied about he/she would do (fraud) or effectively violated the agreement (breach of contract). The seller, not the realtor, is person against whom your daughter may have legal recourse.


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