If I was in the process of selling my house and the dryer broke what am I required to do – replace the dryer or give the money that I received from the manufacturer to cover my responsibility?

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If I was in the process of selling my house and the dryer broke what am I required to do – replace the dryer or give the money that I received from the manufacturer to cover my responsibility?

I recently sold my house “as-is”, with no warranty. The dryer broke during closing and I tired to have it repaired under the manufacturer’s warranty. However, the repairmen were unable to fix the problem. After a long drawn out fight, the manufacturer refunded me part of cost of the machine. The new homeowners want me to purchase a brand new dryer but I offered to give them the money that I received from the manufacturer. In the sales agreement it states a dryer is included but does not specify a brand or model.

Asked on September 27, 2015 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the sales agreement states a dryer is included, you must provide one--while the buyer could agree to take the money instead, they are not required to do so. Technically, you could obtain and provide a used one of comparable quality and condition as the one that broke, but since it's not necessarily easy to find or get delivered and installed a good quality used dryer, you are likely best off buying the bullet and buying them a cheap new machine.


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