Get a second opinion on furnace
Q. My husband and I signed a contract to purchase a home being sold by the owner. We got a home inspector and he determined that the furnace was installed improperly, does not have proper draft and that the furnace is unsafe. We showed this to the sellers who said that the furnace is 11 years old, has worked perfectly since the day they installed it and that they are not going to repair something they don't consider broken. They further said they don't think our inspector knows what he is talking about and that all inspectors find something wrong whether anything is wrong or not.
We really like the house but the furnace concerns us. Any ideas on where we go from here?
A. Why not propose to the seller that you hire (at your cost) a heating contractor to perform an independent evaluation of the furnace. Your agreement with the seller will be that if the independent evaluator determines there is a problem with the furnace, the seller will correct the problem at his or her expense. If the evaluation determines no problem exists, it has cost you the price of an evaluation, however, for your expense, you have obtained peace of mind.
In the event the seller will not agree to this arrangement, ask the seller if he or she will allow you to extend the home inspection contingency to allow you to have the furnace evaluated. Based upon the evaluation, you can then determine whether or not you wish to proceed with your purchase.
Q. My mother passed away a few weeks ago. Her only asset was her home. When going through her papers, I found a document entitled "The (her name) revocable living trust." At the end of the document was "Exhibit A" which listed her home. What does this mean? Will this prevent me from selling her home?
A. If you read the entire trust agreement, it will indicate a "trustee," which will most likely be your mom, and a "successor trustee." The successor trustee generally inherits the power to control the assets of the trust upon the death of the trustee.
In the event you are the successor trustee, you now have the powers granted to you pursuant to the terms of the trust agreement. These powers most likely include selling the property. The proceeds from the sale must then be disbursed per the terms of the trust.
• Attorney Tom Resnick's column appears every other week in Homes Plus. Send your questions to Tom Resnick, 345 N. Quentin Road, Palatine IL 60067, by e-mail to tdr100@hotmail.com or call (847) 359-8983.