If I purchased a home advertised to have a woodburning fireplace but it fireplace was in disrepair and unusable, do I have any recourse?

UPDATED: Oct 1, 2022

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If I purchased a home advertised to have a woodburning fireplace but it fireplace was in disrepair and unusable, do I have any recourse?

The home inspector recommended I not use my fireplace until a technician

inspected it. When a technician inspected it, he said it was unusable and needed

to be replaced. This was not disclosed. Should the realtor or owner who sold the

house known about this and disclosed it?

Asked on July 29, 2018 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You had inspected; the inspector obviously noted concerns with it and recommended further inspection by a technician, which you apparently did not do before closing--even though you could insisted on an deeper inspection prior to closing. By closing with knowledge that there apparently or likely was a problem, you waived any claim to compensation: you choose to buy the house with awareness of an issue, and having done so, cannot claim "fraud" or breach of contract against the other side. When you go ahead with a transaction knowing of problems, you waive or give up your right to compensation for those issues.

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