Does a seller have to turn on the pilot light if the buyer wishes to inspect the fireplace?

QUESTION: There is a disagreement in our office regarding the pilot light in the fireplace. In my opinion, the seller’s obligation to provide access to the property in the Offer to Purchase and Contract (Form 2-T) includes the obligation to turn on the pilot light in the fireplace. Another agent in my office disagrees, and he says that the language in Form 2-T does not require the seller to turn on any utility that is not already turned on when the offer is made. Who is correct?

ANSWER: We believe you are correct.

In 2018, the seller’s obligation to provide access to the property in Form 2-T read as follows:

Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer and/or Buyer’s agents or representatives, an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. (Highlighting added.)

This paragraph was amended to the following in 2019:

Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer and/or Buyer’s agents or representatives, an opportunity to (i) conduct Due Diligence, (ii)verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. Seller’s obligation includes providing existing utilities operating at Seller’s cost, including any connections and de-winterizing. (Highlighting added.)

The Summary of Forms Changes for that year stated that “although it is implied that the seller’s obligation to provide ‘working, existing utilities’ includes the obligation to pay for the cost of providing those utilities, disputes occasionally arise regarding which party is responsible for turning on utilities that have been turned off in properties that are vacant. The recommended change makes the seller’s obligation to pay the cost of utility service explicit.” (Italics added.)

The highlighted change adopted in 2019 is the same today, and its purpose also remains the same. If a utility exists on the property, even if it is not currently “working,” then the seller has the obligation to ensure that the utility is turned on and operating at their cost so that the buyer may do their inspection. We believe this includes making sure the pilot light is operating at the seller’s cost, even if it means the seller has to re-establish the connection between the pilot fixture and an existing gas line.

It is important to note that this specific section of Form 2-T will not always obligate the seller to take some action. For example, if gas logs did not exist in the fireplace at the time of the offer, then we do not believe this section of Form 2-T would obligate a seller to install them, even if gas was available for the logs. As another example, if a septic system exists on a property, but it is not working, then we do not believe this section would require a seller to fix the septic for a buyer at the seller’s cost to assist a buyer in their inspection. So, when applying this section in Form 2-T, it is important to evaluate each buyer’s request on a case-by-case basis.

If a buyer believes that the seller is not providing access to the property as required by Form 2-T, then the buyer should consult with legal counsel to be advised on their options prior to Closing. Once Closing occurs, Form 2-T makes clear that the buyer is accepting the property “in its then existing condition.” If the seller is truly not providing access, then they may be in breach, which would potentially grant the buyer the ability to delay Closing (assuming they are the non-breaching party) in order to get the access they need to perform or finish their inspections.

Release Date: 4/23/2026

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