‘Working fireplace’ could be a misnomer
Q:
I have a beautiful black marble fireplace in my condo, but I have never used the fireplace.
It was never important to me to have a fire – I didn’t like handling all that wood, taking care of the ashes in the house. It seemed very dirty to me.
It also did not seem all that safe to have a fire in such relatively close quarters.
However, when I bought the condo 12 years ago, the previous owner told me that the fireplace was in fact “working.”
I accepted her word, knowing that I would never use it anyway. My home inspector at the time also told me he thought it was working.
I have now put my condo on the market and everyone who comes in to look at it asks, “Is that a working fireplace?” What should I tell them?
That as far as I know it is? It’s obviously an important item to a lot of people.
A:
You should tell potential buyers the truth – i.e., that you have never used the fireplace and do not know (the previous seller’s and home inspector’s representations to you to the contrary) whether it is a working fireplace or not.
The term “working fireplace” is one of the most carelessly used phrases in real estate.
If a seller wants to represent to potential buyers that a fireplace is indeed a working fireplace, I think he/she – even if the seller has been using the fireplace right along – should have a competent chimney sweep perform an inspection and certify the fireplace’s condition.
It will add so much more clout and value to your claim and avoid huge potential liability problems later on.
The buyer would be wise to have his/her own inspector also take a look at the fireplace to certify its condition.
But I think a pre-emptive inspection by the seller is wise if the seller wants to represent that the fireplace is “working.”
If the seller does not want to have an inspection done to certify the fireplace’s condition ahead of time, then he/she should be wary of making claims that the fireplace is “working,” particularly if the seller has no direct knowledge of the fireplace’s condition, as in your case.
If a working fireplace is important to a potential buyer, then the onus is on the buyer to have his/her own inspection done and proceed accordingly based on the results.
