Are we legally obligated to repair a chimney if the new homeowners have waived the right to a house inspection?

House inspection was waived; the new owners had a request which was to clean and inspect the chimney at our expense which we did, the fireplace is deemed to be unsafe.

Asked on July 16, 2012 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is not your duty to repair that I am worried about here because that is a money issue that can be negotiated.  It is your duty to disclose the problem that I believe you absolutely have.  Waiving the right to a house inspection does not mean that you have the right to keep to yourself an issue that could cause an unsafe condition in the home.  Speak with your attorney now.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.