Legal Question in Real Estate Law in Illinois
real estate contract
I am purchasing a home that has 5 fireplaces. I specifically outlined in the contract that the fireplaces must be in safe and operational condition, and stated that I would have an inspection to insure this. The statement was made in the (other ) area of the contract, not in the inspection area. The sellers are now refusing to do any work on the fireplaces because the problems were not disclosed with the home inspection report, which had a 10 day deadline. On that date, the sellers had not yet signed the contract, so we waited to disclose the problems until we had signed contracts in our hands. It is our belief that the fireplaces would not be covered under the inspection section because the verbage clearly relates to heating cooling mechanicals and radon. Can we now force them to fix the fireplaces? They need to be cleaned and lined because the grout is crumbling and there is a heat transfer issue which makes them unsafe for burning wood. The repair estimate is over $12,000.
1 Answer from Attorneys
Re: real estate contract
While I have not seen your purchase agreement, I would have to guess that the 10 days would not start until there was a signed agreement. Beyond that, I would need to review the purchase agreement to give you any sort of definitive answer. You need to hire a real estate attorney to represent you (which you should do even BEFORE problems arise).
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