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Miscellaneous Chimney Addendum

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MISCELLANEOUS CHIMNEY ADDENDUM

Parties and Addendum Date

Effective Date of Addendum:

Recitals

WHEREAS, Client and Contractor entered into a written agreement for property services dated (the Agreement); and

WHEREAS, the parties desire to modify and supplement the Agreement to address specific chimney inspection, repair, and related work on the property located at ; and

WHEREAS, the parties intend that this Chimney Addendum set forth the scope, payment terms, warranty limits, and other terms specific to chimney-related services and supersede any conflicting provisions of the Agreement.

Scope of Work

Contractor shall perform the chimney services described below. Contractor will furnish all labor, materials, tools, equipment, supervision and incidentals necessary to complete the work in a workmanlike manner in accordance with applicable codes and industry standards.

Standard inclusive items: inspection of flue and crown, removal of creosote as specified, repair or installation of flue lining (if selected), brick/mortar patching, installation of cap or chase cover (if selected), and application of recommended waterproofing (if selected). Any work beyond that described above will require a written change order signed by both parties.

Itemized Chimney Services and Pricing

Check the services to be performed and state the agreed amount for each selected service.

Chimney inspection and report — Amount: $

Flue relining — Amount: $

Masonry/brick repair — Amount: $

Cap or chase cover installation — Amount: $

Waterproofing/sealant application — Amount: $

Payment Terms

Total Agreed Price (sum of selected services and agreed extra work): $

Deposit required prior to commencement: $ ; Balance due upon completion or per schedule:

Late payment shall bear interest at: on any unpaid balance, beginning 10 days after the due date. Client shall also be responsible for collection costs, including reasonable attorney fees, if applicable.

Term and Termination

Commencement Date: . Estimated Completion Date: .

This Addendum shall continue until completion of the chimney work and final payment, unless earlier terminated as provided below. Either party may terminate this Addendum for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice. Additionally, either party may terminate for convenience upon days' prior written notice; in such event Client will pay Contractor for work performed and materials ordered through the termination date plus reasonable demobilization costs.

Confidentiality

Each party shall keep confidential all non-public business and technical information disclosed by the other party in connection with this Addendum, including but not limited to pricing, trade practices, proprietary inspection reports, and any testing data (Confidential Information). Confidential Information shall not include information that is publicly known through no fault of the receiving party or is rightfully received from a third party without restriction. Confidential Information shall be used only to perform obligations under this Addendum and shall be disclosed only to employees, agents or subcontractors with a need to know and who are bound by confidentiality obligations at least as protective as those herein.

Warranties; Limitations of Liability; Indemnification

Contractor warrants that labor performed under this Addendum will be free from material defects for a period of months from completion. Materials supplied by Contractor will be subject to the manufacturer’s warranty only. This warranty does not cover damage or failure resulting from misuse, neglect, acts of God, preexisting structural defects, or subsequent modifications by persons other than Contractor.

To the fullest extent permitted by law, Contractor’s liability under this Addendum for direct damages shall be limited to the total amount paid by Client to Contractor for the chimney work under this Addendum. Neither party shall be liable to the other for consequential, incidental, indirect, special or punitive damages.

Client agrees to indemnify and hold Contractor harmless from and against any third-party claims, liabilities, losses, damages, and expenses (including reasonable attorney fees) arising from Client’s negligent acts, omissions, or breach of this Addendum, except to the extent caused by Contractor’s gross negligence or willful misconduct.

Change Orders

Any changes to scope, materials, price or schedule must be documented in a written change order signed by Client and Contractor. Verbal authorizations are not effective. Change orders shall state the additional or reduced compensation and any changes to the completion schedule.

Governing Law; Dispute Resolution

This Addendum shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. Any dispute arising under or relating to this Addendum shall be resolved by binding arbitration conducted in that state, unless the parties mutually agree otherwise in writing; judgment on the arbitration award may be entered in any court of competent jurisdiction.

Entire Agreement; Modification

This Addendum, together with the Agreement and any written change orders, constitutes the entire agreement between Client and Contractor concerning the chimney work and supersedes all prior agreements, representations and understandings, whether written or oral, relating to such subject matter. No amendment, modification or waiver of any provision of this Addendum shall be effective unless made in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted under this Addendum shall be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized courier service to the addresses set forth above or such other address as a party designates in writing.

Client (Printed Name):

By:

Date:

Contractor (Printed Name):

By:

Date:

Enter text✕

What the Miscellaneous Chimney Addendum Covers

The Miscellaneous Chimney Addendum is a real estate contract attachment that documents chimney-specific conditions, inspection results, repair responsibilities, and cost allocations between buyer and seller. It supplements the primary purchase agreement by identifying known chimney defects, required inspections, timelines for remedial work, and verification steps prior to closing. This addendum helps convert verbal agreements into written obligations, clarifies who arranges and pays for inspections or repairs, and records acceptance of any remaining visible defects at closing to reduce post-closing disputes.

Why this Addendum Matters in a Property Transaction

Documenting chimney conditions reduces later disputes, clarifies repair responsibility, and protects both parties by setting inspection, repair, and approval steps within the contract.

Why this Addendum Matters in a Property Transaction

Who Typically Prepares and Signs This Addendum

Agents, inspectors, sellers, and buyers commonly prepare or review the Chimney Addendum during property sale negotiations.

  • Listing agents coordinating disclosures and negotiated repair credits during escrow.
  • Buyers who want written assurances about inspection scope, results, or repair timelines.
  • Sellers documenting known conditions and limiting post-closing liability through agreed remedies.

Core Elements to Include in a Professional Chimney Addendum

A complete addendum sets inspection scope, timelines, payment responsibilities, acceptance criteria, repair standards, and verification procedures to avoid ambiguity at closing.

Inspection Scope

Specify the type of chimney inspection required (level of inspection, camera scope, masonry evaluation) and list any excluded items to avoid later disputes about expectations.

Repair Responsibilities

Identify whether the seller will complete repairs, provide a repair credit, or if the buyer accepts the property as-is; detail limits, contractor qualifications, and permit obligations.

Cost Allocation

State who pays for inspections, repairs, permits, and related trades; include maximum dollar caps or percentage splits when applicable to control exposure.

Completion Timeline

Set firm dates for inspection completion, repair start and finish, and final verification to keep the transaction on schedule and condition the right to terminate.

Verification Steps

Describe required documentation for completed work such as invoices, contractor warranties, building permits, and photos or re-inspection reports.

Acceptance Criteria

Define what constitutes acceptable repair quality, who signs off on completion, and whether escrow holdbacks or contractor warranties are required.

Essential Information Fields to Provide

Property Address: Full street address
Buyer Name: Legal name(s)
Seller Name: Legal name(s)
Inspection Type: Level 1/2/3
Repair Deadline: MM/DD/YYYY
Cost Cap: Dollar limit

Step-by-Step: Completing the Chimney Addendum

Follow these steps to complete the addendum accurately and integrate it with the purchase contract.

  • 01
    Review contract: Confirm the addendum is referenced in the main purchase agreement.
  • 02
    Define scope: Specify inspection type, exclusions, and standards for acceptable work.
  • 03
    Assign costs: State who pays, any caps, and payment timing.
  • 04
    Sign and file: Obtain signatures and provide all parties with executed copies.

Typical Routing and Submission Flow

A clear submission process keeps escrow on schedule and ensures all parties have required documentation before closing.

  • Prepare Addendum: Agent or attorney drafts language and attaches inspection references.
  • Sign Parties: Buyer and seller sign the addendum and date it.
  • Deliver to Escrow: Escrow receives executed addendum and stores it with closing documents.
  • Verify Completion: Escrow confirms required invoices, permits, or re-inspection reports are received.

Digital Signing and File Handling Considerations

Use secure document storage and e-signature workflows to capture signatures, audit trails, and final executed files.

  • File Formats: PDF or DOCX
  • Integrations: MLS, CRM, cloud storage
  • Authentication: Email/SMS or higher

Common Timeframes and Critical Dates to Track

Track inspection windows, repair deadlines, and delivery dates to avoid missed contingencies or closing delays.

Inspection Completion Deadline:

Set a firm date for the chimney inspection to be completed and reported.

Repair Completion Date:

Specify the final date by which repairs must be finished and documented.

Seller Response Window:

State how long the seller has to accept or counter repair requests.

Escrow Document Delivery:

Indicate when executed addendum copies must be delivered to escrow.

Closing Contingency Cutoff:

Define the last date to resolve chimney issues before closing proceeds.

Common Mistakes to Avoid When Preparing the Addendum

  • Vague repair language that does not identify required standards or contractor qualifications, leaving enforcement open to dispute.
  • Failing to specify who pays for permits and final inspections, causing unexpected out-of-pocket costs for the buyer or seller.
  • Not attaching or referencing the original inspection report, which can create uncertainty about baseline conditions and agreed repairs.
  • Missing signature authority verification when an entity signs, which can render the addendum unenforceable or delay closing.

Risks and Consequences of an Incomplete or Incorrect Addendum

Transaction Delay: Closing postponement
Cost Overruns: Unallocated repair expenses
Liability Exposure: Post-closing claims
Title Issues: Unreleased liens
Contract Termination: Buyer or seller cancels
Enforceability Risk: Signatures or authority challenged

Comparing eSignature Pricing and Core Features

Representative starting prices and feature availability for common eSignature vendors; signNow is listed first per comparison standards.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

Frequently Asked Questions About the Chimney Addendum

Answers to common questions about signing, notarization, amendments, and enforcement for chimney-related contract addenda.


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