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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.


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