Fireplace problem

Missouri: The seller disclosed that there where two functional fireplaces in the home. the main level unit has no damper arm, and the mortar is coming out from the fire brick and some areas of the unit because of this have exposed wall joists which would be a fire hazard. We cannot use this until it is fixed. Since he stated that they both where functional, can I assume that he must have this item fixed ?

[faithandhope]

Did you have a home inspection done before purchase? The seller may think that the definition of functional is being able to burn a fire in it and may not know what a safety hazard may be. Did you look at the fireplace and observe these items before closing? Also, is your contract "as is"?

No we did not get a home inspection before the purchase. But we where told that the fireplace could not be used and that is was not an operational unit because of the hazard that exists. My understanding is that functional means that you can use it. I could be wrong but, I did notice that this particular fireplace was clean and polished. The one in the basement looks as though it has been used on a regular basis. this would lead one to believe that he knew the main level unit was not good. My game plan was to go ahead and include this item in the letter along with the leakage in the basement and hope that he will take care of this as well.

[HomeGuru]

The fireplace is not considered functional due to the unsafe conditions.
Next time get a fireplace/chimney inspection as well as a general home inspection.