Does a fireplace need to be in working order at time of home sale in Fairfax County Virginia Fireplace was not listed as is and was represented as a working fireplace?

Answer 1

Virginia is a Caveat Emptor state (Buyer Beware). Basically, the obligations of a seller are established by the contract for sale, not by legislation. The standard Northern Virginia contract does require all Plumbing and all appliances to be functioning (paragraph 7). Also, there is a paragraph that essentially says that the house should be free of code violations, which could come into play if the firplace is incorrectly installed. If the house was not sold "as is" and if these portions of the contract were not stricken, then the seller should be required to get it working. Typically, this would be raised as a "walk-through" issue, and the remedy (escrow funds, a credit, etc) would be negotiated at the closing table. If it has already gone to closing, the obligations of sellers and buyers still outlive closing day, so it is possible to seek remedy even after closing day. If you have any further questions, please feel free to call me: