*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: “I’m the listing agent for a historic property, originally built in the mid-1800s. We are using all Virginia REALTORS^® standard forms. The buyers had a home inspection contingency, and an architect they hired concluded that the fireplace and chimney were not original, likely replaced in the early 1900s. Can the buyers terminate based on this finding?” 

A:  No, under the Virginia REALTORS^® home inspection contingency (form 600D), a buyer is entitled to terminate the contract where the home inspection reveals one or more deficiencies. A deficiency is specifically defined as excluding cosmetic items and matters of preference. In this case, assuming the fireplace and chimney function properly, the fact they were added at a later date would not likely amount to a deficiency. Therefore, the buyers in this scenario would not have a termination right based on the findings regarding the fireplace and chimney.  

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