misrepresentation by listing agent/seller

[leesah]

I live in Illinois. My husband and I purchased a townhome in May, 2006, and were lied to about the age of the furnace and air conditioner. The listing agent had it advertised on the listing sheet as "nearly new, approximate age 8 years". We had a home inspection before we purchased the home, but the inspector did not mention the age. The problems started during the first real cold weather, and we had the furnace on continuously. First, it stopped running. We called a service tech, and he temporarily fixed the problem. He notified us that it was no surprise that the furnace died, as it was 16 years old. He also stated that the unit was very hot to the touch, and this could indicate a crack in a hose inside. This could cause carbon monoxide poisoning. His words were"If you do not replace this furnace, you are playing Russian Roulette with your families lives". I went out and purchased a second (expensive) carbon monoxode detector that same day. The detector went off in our son's bedroom 2 days later, so we replaced the furnace at our own expense. We were also told that the air conditioner was on it' s last leg. What is our recourse? The fact that the furnace was supposedly only 8 years old was a deciding factor in our purchase. Thank you, Lisa

[moburkes]

What was the lie about "approximate"?

[seniorjudge]

... The fact that the furnace was supposedly only 8 years old was a deciding factor in our purchase....

Was this info in the contract?

Did you ask the home inspector about this?

Did you look at the furnace yourself?

[IndianaOwner]

First, it is hard to find a furnace guy who WON'T tell you to replace your furnace if it 5+ years old. They make more money that way.

Second, 8 years old is NOT almost new.

Third, look at your inspection report. They should have caught problems such as broken pipe or whatever.

[lcannister]

advertised on the listing sheet as "nearly new

Whip on down that listing sheet and you will see verbiage to the effect

information is believed to be correct but not guaranteed or some such.

Sorry, you are learning about homeownership so soon into the house.

Perchance did you even mention this to the agent or seller/seller's agent? What was the response?

[nextwife]

JUst an FYI- Sometimes furnaces end up being installed years AFTER manufacture. My mom had a new furnace put in last year- a hard to find condo size furnace AC combo. When selling recently we discovered that the manufacture date on the furnace was several years earlier. But the furnace WAS new and installed one year ago.

If it had been sitting around in some warehouse before installation, certain rubber/plastic components, sych as hoses, could have aged and dried out just sitting there.