Can the builder/seller of a home be held responsible for not properly installing a furnace which has led to damage 7 years later?

UPDATED: Feb 26, 2012

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Can the builder/seller of a home be held responsible for not properly installing a furnace which has led to damage 7 years later?

I found out from my current service tech for my boiler that the manufacturer doesn’t allow exhaust runs of more than 10 feet. My exhaust is spliced inside a false wall, discovered after it had started leaking exhaust inside the walls and caused damage. The furnace can’t be placed so that it would fall within the manufactures specifications. Bought from the company that built the home. No way to know things were not proper until it failed. Do I have recourse?

Asked on February 26, 2012 under Real Estate Law, Alaska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of most states, there is a ten (10)  year statute of limitations for a property owner to sue the builder of the home for hidden defective construction. The ten (10) year period runs from the time the new construction gets final approval.

Potentially you may be allowed to make a claim that is not time barred under the applicable statute of limitations in your state for new construction. I suggest that you consult with an attorney that practices in the area of construction law further about your situation.

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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