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No Disclosure Form, Furance went out

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Hammer71

Junior Member
What is the name of your state? Illinois

Bought a Mobile Home on July 8, 2004. Bought it from a Private Seller, no Agent or anything. Paid cash for it. No contracrt, ect, since I personally knew the Seller. Since I knew him, I took his word for the condition of the Furnace. He told me that it was inspected the previous winter and nothing was wrong with it. Well, last Winter, the Furnace went out. I had to spend $1500 to get a new one installed. When the Furance Repair man came out he told me that in his Records of the Furnace, he had told the Previous Owner that the Furnace needed to be replaced and would not make it thru another Winter. The Repairman is also the Owner of the Repair Company as well. He, himself did both inspections. He said that in his Records, he was it written that not only did the Furnace need to be replaced, but since it was so old, that it was actually unsafe and could blow up! He has that written in his Records that the Seller was told this!

I've been reading up on Illinois Disclosure Acts. I didn't know anything about them at all prior to buying the Mobile Home. I'm guessing the Seller didn't either.

My questions is: Since there was no Disclosure Form, and Illinois requires one, do I have any ground for sueing the Seller for the cost of replacing the Furnace? $1500 !!

I called the Furnace Repair Company and they said they can send me copies of the Records of the Old Furnace.

Since I had paid cash and bought the place "as is", do I have any Legal Recourse available given that there was no Disclosure Form, Illinois requires one, and the Seller KNEW about the Furnace and didn't tell me?

Any help?
 


PghREA

Senior Member
Hammer71 said:
What is the name of your state? Illinois

Bought a Mobile Home on July 8, 2004. Bought it from a Private Seller, no Agent or anything. Paid cash for it. No contracrt, ect, since I personally knew the Seller. Since I knew him, I took his word for the condition of the Furnace. He told me that it was inspected the previous winter and nothing was wrong with it. Well, last Winter, the Furnace went out. I had to spend $1500 to get a new one installed. When the Furance Repair man came out he told me that in his Records of the Furnace, he had told the Previous Owner that the Furnace needed to be replaced and would not make it thru another Winter. The Repairman is also the Owner of the Repair Company as well. He, himself did both inspections. He said that in his Records, he was it written that not only did the Furnace need to be replaced, but since it was so old, that it was actually unsafe and could blow up! He has that written in his Records that the Seller was told this!

I've been reading up on Illinois Disclosure Acts. I didn't know anything about them at all prior to buying the Mobile Home. I'm guessing the Seller didn't either.

My questions is: Since there was no Disclosure Form, and Illinois requires one, do I have any ground for sueing the Seller for the cost of replacing the Furnace? $1500 !!

I called the Furnace Repair Company and they said they can send me copies of the Records of the Old Furnace.

Since I had paid cash and bought the place "as is", do I have any Legal Recourse available given that there was no Disclosure Form, Illinois requires one, and the Seller KNEW about the Furnace and didn't tell me?

Any help?
If you're clueless about real estate, you should get a Realtor or Real Estate Attorney to represent you PRIOR to purchasing property.

You should have had a home inspection done prior to purchasing. By your own admission, you trusted the seller and purchased the property "as is".
If the seller did not disclose the condition of the furnace to you, he most likely would not disclose it on the disclosure form. You can always sue the seller but, I think your chance of winning is slim based on the "as is" clause.
 

Hammer71

Junior Member
I might be wrong, but doesn't the State of Illinois, require the Seller to provide a Disclosure Form? I thought I had read somewhere in my research that they had changed it and made it the Sole Responsibility of the Seller to provide this information in regards to the Sale of Real Property?

Since he didn't Disclose this Information, wouldn't I have a more solid case? Even if I bought it "as is"? Since I think Illinois Law requires him to disclose?

From what I've read he didn't follow the Illinois Law regarding this issue.
 
Hammer71 said:
I might be wrong, but doesn't the State of Illinois, require the Seller to provide a Disclosure Form? I thought I had read somewhere in my research that they had changed it and made it the Sole Responsibility of the Seller to provide this information in regards to the Sale of Real Property?

Since he didn't Disclose this Information, wouldn't I have a more solid case? Even if I bought it "as is"? Since I think Illinois Law requires him to disclose?

From what I've read he didn't follow the Illinois Law regarding this issue.
Yes, even though you bought the house as-is, he still would have had to disclose the problem. It could depend on the forms you two used for the transaction though.

I completely agree with PghREA that you should have hired a Realtor or Attorney PRIOR to the transaction.
 

Hammer71

Junior Member
True, I knew nothing of Real Estate Law. :-(

We didn't use any forms. I gave him the Cash and He and his Wife signed over the title. I did several walkthrus before I bought it. I had my Brother come with me, he used to work for a Mobile Home Repair Company, mostly on windows, floors and stuff like that. All of that checked out fine, no problems with any of that. They had 2 Window Unit Air Conditioners when I bought it, but I had a Central Air Unit that I was gonna have installed. Dropped $1300 to get that taken care of. That was an expense I planned on from the start.

Getting set-back $1500 for that Furnace was a killer. I'm currently awaiting callbacks from 2 Lawyers in regards to this. My Sister said something that might be a concern. She said, "What if they say that they told me about the furnace and that I knew about it?" Granted, I'd have no proof that I didn't know. My main thing is that there was no Dislosure Form from the Seller and that by Law they are supposed to give me one, it is their Sole Responsibility to provide one and that is why I feel I could have a very strong case.

Hopefully a Lawyer will tell me the same.
 

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