Does my realtor have a legal responsibility to disclose ?

Before you decide who is responsible, separate the three parties, because "does my realtor have a legal responsibility" has a different answer for each one, and that distinction is the whole case. The seller. In nearly every state a seller must disclose known material defects, usually on a statutory disclosure form. The word that decides your case is "known." A seller is not liable for a problem they genuinely did not know about. So the real question is not whether the furnace failed, it is whether they knew it had a history. Evidence of knowledge is what wins these claims: prior repair invoices, HVAC service history at that address, permit records, insurance claims, and neighbors. Your agent. Your agent owes you fiduciary duties, including disclosure of material facts they knew, and in many states facts they reasonably should have known, plus a duty of reasonable care and diligence. But an agent is not an inspector and generally is not liable for a latent defect they had no reason to know about. The narrower question is whether your agent saw a stain, heard a comment, or held a document showing a problem and did not pass it along. The home inspector. Honestly, when a defect was visible, this is often the most likely responsible party. A high-efficiency furnace and an aging roof are both squarely inside a standard inspection. Pull your report and read exactly what it says about each. Then read your pre-inspection agreement, because most cap damages at the inspection fee, which is a rude surprise. A number of states restrict or void those caps, including Alaska and California, where such caps have been treated as contrary to public policy, so ask an attorney in your state before assuming the cap holds. Now the technical part, which matters more than people expect. A condensing high-efficiency furnace produces several gallons of water a day, and that water has to drain somewhere. When the unit sits in an unconditioned attic and the temperature drops below freezing, the condensate trap or drain line can freeze, water backs up, and a safety switch shuts the furnace down. That is a very common failure mode on the first freezing night, and it points at installation and design more than at a concealed defect. It is also fixable, usually with heat cable and insulation on the trap and drain line, or by rerouting the drain inside. So here is what I would do this week. Get an HVAC contractor to put in writing what caused the shutdown, whether the installation is code compliant, and whether it was permitted. Pull permit history from the building department for both the furnace and the roof. An unpermitted install changes the conversation considerably. Check whether a home warranty came with the sale. Many cover HVAC in the first year. Photograph and date everything now, roof included. One fair point in the seller's favor, because you want a claim that holds up. A failure on the first night is suggestive, but it is not proof of concealment. The first hard freeze may simply have arrived that night. Claims built on documented evidence of knowledge hold up. Claims built on timing alone usually do not. Read your purchase contract too. Most require mediation before a lawsuit, and every state sets its own deadline for disclosure claims. Bring the disclosure form, the inspection report, the contract and the HVAC opinion to a real estate attorney licensed in your state before you spend money on repairs you may want documented first. I am Zoltan Peresztegi, a real estate professional working the Palos Verdes Peninsula, the South Bay and greater Los Angeles. Disclosure law varies by state and nothing here is legal advice, but if you tell me where the home is, I am glad to introduce you to a strong local agent from my network. Zoltan

Your Realtor has to disclose known material issues, but they’re not responsible for problems they didn’t know about or couldn’t reasonably see. They’re not an HVAC tech or roofer. The real question is whether the seller, listing agent, or your agent knew about the furnace or roof problems and failed to tell you. Check the seller disclosure, inspection report, MLS listing, repair requests, and any texts or emails. If the inspection flagged these issues and they were brushed off, that’s different. But if the furnace failed after closing and there was no prior warning, it may just be bad timing, as frustrating as that is. Start with your agent’s broker and bring the paper trail. If there’s proof someone hid something, then talk to a real estate attorney.

Did you have a home inspection? Keep in mind, your real estate agent was not your home inspector. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Yes — agents are legally obligated to disclose material facts they know about the property that could impact value or a buyer’s decision. This includes things like roof leaks, foundation issues, or known code violations. Honesty keeps everyone protected.

Not familiar with real estate law in IL, however in Maryland and Delaware where I am licensed as an agent (not an attorney), you need to be aware of what the material facts are. As an agent, if you see something you must disclose it. If the homeowner tells you something but does not disclose it on the property disclosure, the agent is bound to pass that information on to the prospective buyer. Part of what you’re describing is: homeownership. Things can and will happen at any time. And, it’s been a particularly cold season which is causing all sorts of mechanical and electrical systems to act differently (or not at all). When you were in the buying process did you get a home inspection? If so, it should give you the condition and age of the systems. With this knowledge, and having a qualified contractor go through any known issues as a result of the inspection, you should have a solid idea on what’s going on in the house. I understand that is a frustrating, costly and probably freezing cold experience. But unless the Realtor working for you withheld information from you (which they cannot ethically do), they are most likely not liable. Refer back to your sales contract, inspection agreement and report and review limitations. Good luck!

First question -- did you have a home inspection? Second question -- were you working with a Buyer Agent representation or using the Sellers agent? A home inspector would have given you a snapshot of the property, its mechanicals and life span as well as repairs that will be need now and future. That inspection can be used to ask the property owner to make repairs prior to your purchase. If you were working with the Sellers agent as a customer or in a dual agent situation -- they were not really your representative. I understand your frustration. More details are needed. A Realtor is not licensed home inspector and can only relay what they know to be facts.

Did you have a licensed home inspector? Did you know the age of the furnace when you purchased the home? Were you at the home when the inspector looked at the house? Was a home warranty suggested?

Realtors are obligated to disclose known material defects.