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Question
I am buying a house with a chimney that is in need of some repair. It has some cracks, missing the cap and leaks a bit at the top (the crown I believe). The seller gave us a chimney inspection report when we first signed before our inspection (which didn't look at the chimney). Can I ask the seller to fix the leak and cap problem or did I pretty much agree to take care of it when I signed the agreement after seeing the disclosure?
Hey, Paul.
The answer to your question is going to depend on the wording in your purchase contract that you and the seller signed.
I'm curious why the inspection didn't look at the chimney. In some states, like here in California, if the "house" is a condominium, then it is entirely possible that the chimney was not looked at. But for a single family detached home ("house"), the only reason why a chimney would not be looked at would be that it was simply way too high and not accessible.
Chimneys can be very expensive to fix if there is significant damage, and a leak at the top of the chimney can allow moisture to penetrate into the chimney throat structure, very often causing extensive moisture damage that cannot be repaired, requiring a complete chimney tear down and re-construction, although there is some new technology that makes that option not the only one. However, new technology also quite often is expensive.
First, I would get three estimates for repairs, then ask the seller to make those repairs, regardless of what it says in your purchase contract. Definitely be prepared to walk away from the contract because sometimes it's better to lose the earnest money than to take possession of a money pit. Consult with an experienced Realtor or attorney in your state to determine your best options based on laws in your state and the wording of your purchase contract.
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Russel Ray
Expertise
Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.
Experience
Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.
Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego
Education/Credentials
Graduate of Texas A&M University; College Station, Texas
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