Is a chimney a fixture if built with house?

Typically, a fixture is an element installed in the house which becomes not readily moveable. Examples of fixtures are dishwashers, ovens, ranges, and the like. A chimney is usually installed as a portion of the structure of the house and is not considered a fixture. But, you are generally responsible for non-disclosure of known defects in the property which may include the issue with the chimney even though the actual defect may have been "impossible" to detect. Illinois law is very specific in terms of latent and other defects to the property. It is possible you may be liable to the buyer. If you have the slightest belief you may be facing a dispute with th ebuyer, it would be wise to consult a construction attorney.

This response is informational only and not legal advice. Further, this response does not establish an attorney client relationship.

This is an issue you should discuss promptly with an attorney as that should help you head off more costs that could follow. Start with your closing attorney, but if it is not a simple resolution you should have someone who handles real estate litigation handle the matter.

The language in your agreement sounds archaic. I am not willing to reach a firm conclusion on its applicability, but it sounds like the warranty should apply to personal property and things that are installed and become affixed to the house, not something that is part of the house construction. This issue would need to be researched if matters are not easily resolved.

Under your more general duty to disclose, since you did not know about the defect, an argument can be made that you had no duty to disclose what you did not know. The buyer is responsible to determine the condition of the house, except when there is something not discoverable that you knew about. You did not know. This is strengthened by the fact that you even had a professional evaluate it and there was not anything discovered, unless it can be shown that you had someone evaluate it because you were experiencing a problem. The fact that a professional in a routine inspection, without complaints of problems, told you everything was good, gives credibility to your statement that you were not aware. So, under the general law concerning disclosure of latent defects, you may have a good argument that you are not responsible.

All that said, having to defend this can be costly. The best opportunity to reach a resolution is now when the discussions can focus on the amount involved and the likelihood of responsibility without both sides being bogged down in litigation costs, lost time, etc. So, if your closing attorney can make a call and find out why they feel there should be any responsibility and then suggest an appropriate offer to resolve the matter, it may be to your advantage to pay some money to have the buyer sign off on the issue once and for all.