To the Buyer

Midwest Chimney Safety Council

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GOOD NEWS
As of Jan 1, 2009 75% or higher efficiency wood stoves and inserts qualify for a $300.00-$1500
tax credit to consumers.

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President:
Janie Rickord
Alpine Chimney Services

Vice President:
Marge Padgitt

Secretary/Treasurer:
Sally Scott

To the Buyer...

Hints for Dealing with Real Estate Transaction Issues

1.) A realtor or seller cannot influence you to use a particular chimney inspection or repair company. Insist on using a *qualified company to do the repairs. You can negotiate for this in your contract with the seller.

2.) Do not be influenced by lowest bid—look at all of the details of the contract to compare each item and see if the same work is being suggested.

3.) Compare the *qualifications of the chimney companies you are dealing with. Not all companies are alike, and not all have the training needed to do the job right.

4.) Home Inspectors normally do not have the equipment or training needed to do a Level II chimney inspection as required by NFPA 211 Standards and they are not required by ASHI Standards to inspect the inside of a chimney. As of the year 2000, A Level II chimney inspection with a video camera system is required at the transfer or sale of all homes. Your realtor may not be aware of this, so you may need to inform them of it. BE SURE TO HAVE A LEVEL II CHIMNEY INSPECTION DONE BY A QUALIFIED CSIA CERTIFIED CHIMNEY SWEEP. Note: even if your city does not use the NFPA 211 Standard, it is a good idea to insist on a Level II inspection anyway because there could be hidden defects in the chimney that cannot be viewed by the naked eye.

5.) Homeowners should be aware that there is usually a 1-year period after the purchase of a home where they can make a claim for expensive damages for items that were not disclosed in the original contract. Contact your realtor if you have discovered chimney damages that existed prior to the purchase of the home. In addition, any chimney damage problems that were caused by a chimney fire, lightning strike, explosion or similar event should be covered by homeowner’s insurance.

6.) Be aware that in our experience the seller of the property is usually interested in getting the work done at the lowest possible price, and may not be concerned about having the work done by a qualified contractor. Here is a real life example of a recent repair that went sour:

The buyer had a chimney inspection and estimate for repairs and relining in the amount if $1,800.00 from a qualified company. The sellers said they would take care of the repairs and no discussion was made as to WHO did the work. Repairs were made by a non-certified and untrained chimney company in Kansas City. The chimney was not re-inspected after repairs and the homeowner took occupancy in July of 2002. When it was cold enough to use the chimney in November, the buyers found that the fireplace smoked badly and caused smoke damages throughout the entire house. A subsequent re-inspection by the first company found that the flue had been improperly sized and other work was grossly substandard. In order to remove the liner and return the chimney to a usable condition, the cost was $3,200.00. The buyer took the contractor to court in April, 2004 but lost because the contract was between the Seller and the Contractor. The buyer now has to pay for the repairs out of her own pocket. DON’T LET THIS HAPPEN TO YOU!

HELPFUL CONTACTS:

To file a complaint against a realtor for non-disclosure, influencing you to use a particular contractor, or other issues:

State of Missouri Real Estate Commission
www.gov.state.mo.us/boards/cgi/boards.cgi?FUNCTION=MAIN&BOARD=REALESTA
Telephone Number: (573) 751-2628
Fax Number: (573) 751-2777
Mailing Address:
P.O. Box 1339, 3605 Missouri Boulevard
Jefferson City, MO 65102
E-mail Address: realesta@mail.state.mo.us

Kansas Real Estate Commission
Online complaint form: www.accesskansas.org/krec/kreccomp.htm
Kansas Real Estate Commission
Three Townsite Plaza Suite 200
120 SE 6th Avenue
Topeka KS 66603-3511
Phone (785) 296-3411 Fax - (785) 296-1771

*How to find a QUALIFIED Chimney Inspector

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