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Who is liable for broken heater?

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Mara10

Junior Member
What is the name of your state? California

So the seller claims she is not liable for our broken heater because she had a technician sent by her home warranty company come out and fix the problem in December of 2003. We bought the house in January 2005. I spoke with that technician and he said he did not check the heat exchange, which is what is broken. He just relplaced a blower based on what the home warranty company told him to do. The seller has washed her hands of this because she said she did her part to fix the broken heater in 2003 and was unaware the problem was not fixed. We are ready to go to small claims court. We just want to explore all other avenues first.

So is the seller's home warranty company liable for the broken heater since it was apparently not fixed properly in Dec. of 03? Is she?
 



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