What is a home sellers liability for recalled appliances?

I just purchased a house and discovered that all of the electric (Cadet Co) wall heaters were recalled and cannot be used. We discovered the defect four days after close of escrow. What is the seller's liability to fix/replace the defective heaters? The manufacturer is no longer honoring the recall, the home inspector missed the fact that they were recalled and the home warranty company does not cover recalled items. We have asked the seller nicely and they basically told us that it is our problem now and not to bother them. Does anyone know of any legal precedence here? Is the seller on the hook or is it just too bad that we did not catch this before close of escrow?

Thanks!

Mark

The sellers are done, they are not involved anymore.

The home warranty that you purchased should cover this.

And the correct answer is that you are all wrong. California recently changed the law and the person who benefits from the financial portion of the transaction (i.e. the sellers) are liable for "latent" defects. We won in small claims court and the sellers paid for the replacement heaters. http://answers.yahoo.com/question/accuse_write?qid=20080706224046AAYdnH3&kid=PbN0P0nWO0knq1EwYc_Y&s=comm&date=2008-10-06+19%3A30%3A57&.crumb=

The only way the seller would be responsible is if you can PROVE that they knew that they were recalled and deliberately didn't do anything about it.

The home inspector should have caught this. In many states their liability is limited to their fee. So, you can get a refund from the poor inspection.

Basically, you are out of luck. It's pretty much too bad you didn't catch it before closing. You own it and it's your problem now.

good luck!

Another reason to get http://www.totalrecallinfo.com

Another issue to be brought up in the forum.

Take care.

Your homeowner's insurance might pay.