The seller's disclosure statement says that the roof was repaired at one point, but that there are no current problems with the roof. We had a hard rain last week and it is leaking buckets of water. Three roofers said independently yesterday that the roof is a mess; it's been patched many, many times and will cost approximately $6,000 to fix. What legal recourse do I have? Can the seller be held responsible? I live in GA, by the way.
2006-07-06 13:29:38 · 8 answers · asked by Laura M 2 in Home & Garden ➔ Maintenance & Repairs
Only your local laws can tell you for sure. If you had a home inspection beforehand, the inspector may be the one who pays. If you didn't have a home inspection beforehand, you may be stuck.
2006-07-06 13:40:40 · answer #1 · answered by booktender 4 · 0⤊ 0⤋
You're in a fix. What most judges will say is that the statement says that the roof was repaired at one point and that as the buyer you should have hired an independent inspector on your behalf to be sure things were as stated and that this should have been done or negotiated before closing. If you live in the US and ever watch Judge Judy or People's Court, people have sued time and time again for a faulty water heater, roofs, or window problems and each time the case is dismissed because when the person buys the home he should of, could of, or would have done things differently if they knew of the problem but that is why before buying you have the right for a preinspection before purchasing. After the fact, the problem in no longer the problem of the sellers but a big problem for the buyer. If there is no clause that states the roof was repaired by so and so company and they guaranteed their work for a period of time, and if that time has not lapsed then it is the roofing companies responsibility to come back and fix this free of charge. That guarantee follows the house no matter who owns it. If you had an attorney who closed for you I would call and ask him to call and see if there was a warranty on the work. If not you'll have to put on a new roof yourself. Also depending where you live, this past year we had alot of natural weather problems, which is considered an act of nature, if this applies to where you live then it will confirm the fact even more that you will not be able to get help from anyone in this matter.
2006-07-06 20:46:58 · answer #2 · answered by M360 3 · 0⤊ 0⤋
Yes, real estate disclosure rules that the owner had to tell you that the roof leaked...it is obvious that they knew it when they sold the house. I hope you have insurance on the deal, but it may or may not have covered the leaks anyway..insurance like this seems to always have an exclusion as to why the claim isn't paid. Call the realty agency that represented the buyer immediately, they could well be liable. And the owner certainly is, at least to repair the roof. It sounds as if you need a new roof AND new decking. That will not be paid for, but the repair bill should be. Good luck....
2006-07-06 20:43:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Did your home inspector not notice the roof problem before you signed on the dotted line?
mike
2006-07-06 20:33:24 · answer #4 · answered by miketyson26 5 · 0⤊ 0⤋
You should always invest in a professional home inspection before purchasing a pre-owned house.
2006-07-06 20:35:29 · answer #5 · answered by gators2020 2 · 0⤊ 0⤋
Talk to the lawyer you used at closing. That is part of what you paid him for. To protect your interests.
Did you talk to the seller? Did they refuse to help?
2006-07-06 20:33:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
it can go two ways... one how long since the contract closed you can get it reversed two why did you not have an inspection done.. call your real estate agent
2006-07-07 13:18:36 · answer #7 · answered by bluedanube69 5 · 0⤊ 0⤋
yea and u should sew him good they should make this a law
2006-07-06 20:33:04 · answer #8 · answered by babyboo99889 2 · 0⤊ 0⤋