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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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