Honolulu, HI asked in Real Estate Law for North Carolina

Q: We are under contract on home and one features a built in fire place was covered up and not disclosed to buyer.

We discovered on walk thru of property that the outdoor fireplace was gone stoned over only days before home inspection. It was in home listing and included pictures. We asked what happened they said it needed repairs so cheaper fix was to close it up. Is this even there right while under contract to remove a feature that was a large reason we picked this house. The repair or future repair want disclosed to our agent. We are already out thousands on fees and inspections and to top it off the repair was made using wrong color stone so it doesn’t match the existing in and shape or form. What can we do in this situation we feel a little like we where scammed by seller and seller agent.

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1 Lawyer Answer

A: Ask for a modification of the agreement to cover the removal of the stone. If you are that far into the process it will likely be granted. If not you could threaten to sue to get your costs reimbursed, a pending lawsuit should prevent the house from closing until after it has been resolved.

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