Is there any legal action I can take against the person that sold me a townhouse for not following through on abuilder’s warranty?

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Is there any legal action I can take against the person that sold me a townhouse for not following through on abuilder’s warranty?

I bought my townhouse almost a year ago. I was told that I had a 1 year builders warranty and if I had any issues with the “new” appliances that the seller would take care of it. Not even a week after we moved in we realized the microwave didn’t work properly. It would run for 4 minutes and shut off. I let the seller know this via phone calls and emails. Finally, about 3 months ago he came and removed the broken microwave. He told my wife he would be back the next week to put a new one in. To date he still hasn’t replaced it and he stopped returning my emails (all of which I have saved).

Asked on August 17, 2011 New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so what we need to know here is a few different things.  First I have to say something about the fact that the seller "saying" something that in essence you are claiming is a part of the contract.  If it is not written in the contract you could be out of luck.  Oral representations are not generally binding when you are dealing with realestate contracts.  It is known as the Parol Evidence Rule.  Was there a term of the contract that stated that the appliances were still under the builders warranty and was the warranty (a) transferred via the contract and (b) allowed to be transferred via the contract?  Listen you need to have this cleared up should other appliances go on the fritz so seek some legal help with the contract issues and then purse the seller in small claims court.  You may not be successful but you can try.  Good luck.


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