The house I want to buy has a gas fireplace and is a major drawing point to me making a deal. The owner has lived there two years and not used it. The damper won't open and the gas control knob, which is inside the hearth, is melted. I paid for a professional home inspection and he suggests the gas control be mounted on the outside of the fireplace and the damper, of course, be operational. Do I as a buyer have a reasonable expectation that this fireplace be safe as well as functional? The owner's line is that she never used it.
1 Answer from Attorneys
Sorry to dodge your question, but the answer depends on what your purchase agreement says. If you did not hire a real estate attorney to represent you, which is a very good idea whenever you buy or sell real estate, now is the time to do so. By this I mean an attorney that you have contacted and retained. Your attorney can review your purchase agreement and help you determine the best course of action.