Seller didn't disclose known roof issue - how should I proceed?

Buying & Selling Real Estate
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Seller didn't disclose known roof issue - how should I proceed?

Account Closed
Member since 2018 · 13 posts · 1 vote

Hi everyone,

I purchased my first multifamily home in October 2018. The listing advertised the house as having a "young roof". No issues with the roof were verbally disclosed to me, nor were they disclosed on the disclosure form ("known defects:" was left blank). I had it inspected and my inspector didn't notice any major issues. 

However, since closing, at least 4 areas of shingles have blown off in the wind causing rain to leak inside all the way to my third floor unit. Since the house is so tall, these are costly repairs. Several licensed roofers have told me my roof was improperly installed. I tried to submit a claim to my insurance, and was denied twice, because the issue was determined to be due to the improper installation of my roof. 

I believe this was a known issue because my tenant and neighbor both said that before I bought the house, the seller was always patching up the roof. If this had been disclosed to me, I would not have purchased the house (or at least negotiated a lower price). 

It seems like my options are to either replace the roof myself (which I didn't budget for since I was told it was a young roof with no defects), or to go after the seller for not disclosing a known issue (which could also be costly and stressful).

Any advice on how to proceed would be greatly appreciated! I'm really lost as to what my best option is...

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Don Gouge
Johnson City, TN · Member since 2017 · 209 posts · 367 votes
7y
I tend to agree with the above response. The seller may have felt there were no issues because he had repaired any prior issues. It would be difficult to prove he knew there was a problem at the time of sale. Incorrect installation needs to be confirmed by a representative of the shingle manufacturer. Often a roofing license is just a matter of a fee payment and proof of insurance. Despite what the inspector's says, he can still be sued and you can collect if he is incompetent.
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  • Marci Stein
    Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
    7y

    Depends on the laws in your state. 

    Here in Ny , a seller must either fill out a property disclosure form , or 

    forfeit $500 from the selling price . 

    If the first one is done and it’s 

    misleading, you can sue . 

    If the second one is done it’s your 

    loss. 

    0Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    7y

    Very state dependent, some states are buyer beware.  Mort likely you can ask the inspector, but their  contracts generally have low limits or no recovery for their errors..

    0Reply
  • Shaun Weekes
    Loan Officer / Processor / Life & Health Agent · Rancho Cucamonga, CA · Member since 2014 · 1k+ posts · 757 votes
    7y
    Originally posted by @Account Closed:

    Hi everyone,

    I purchased my first multifamily home in October 2018. The listing advertised the house as having a "young roof". No issues with the roof were verbally disclosed to me, nor were they disclosed on the disclosure form ("known defects:" was left blank). I had it inspected and my inspector didn't notice any major issues. 

    However, since closing, at least 4 areas of shingles have blown off in the wind causing rain to leak inside all the way to my third floor unit. Since the house is so tall, these are costly repairs. Several licensed roofers have told me my roof was improperly installed. I tried to submit a claim to my insurance, and was denied twice, because the issue was determined to be due to the improper installation of my roof. 

    I believe this was a known issue because my tenant and neighbor both said that before I bought the house, the seller was always patching up the roof. If this had been disclosed to me, I would not have purchased the house (or at least negotiated a lower price). 

    It seems like my options are to either replace the roof myself (which I didn't budget for since I was told it was a young roof with no defects), or to go after the seller for not disclosing a known issue (which could also be costly and stressful).

    Any advice on how to proceed would be greatly appreciated! I'm really lost as to what my best option is...

     I hate reading these types of stories and I'm sorry about all of this.  Did the property inspector find any issues with the roof or any water damage or anything like that?

    0Reply
  • Account Closed
    OP
    Member since 2018 · 13 posts · 1 vote
    7y
    Originally posted by @Marci Stein:

    Depends on the laws in your state. 

    Here in Ny , a seller must either fill out a property disclosure form , or 

    forfeit $500 from the selling price . 

    If the first one is done and it’s 

    misleading, you can sue . 

    If the second one is done it’s your 

    loss. 

    Thank you for your answer. The seller did fill out the disclosure form and did not disclose any issues with the roof. There was a section for the roof that said "known defects:___" and the seller left it blank, which to me, implies there are no defects.

    0Reply
  • Account Closed
    OP
    Member since 2018 · 13 posts · 1 vote
    7y
    Originally posted by @Lynnette E.:

    Very state dependent, some states are buyer beware.  Mort likely you can ask the inspector, but their  contracts generally have low limits or no recovery for their errors..

    Thank you for your answer. I believe in my state the seller must disclose any known issues with the house on the disclosure form. I tried talking to my inspector but unfortunately, his report had a lot of fine print preventing any liability on his behalf.  

    0Reply
  • Account Closed
    OP
    Member since 2018 · 13 posts · 1 vote
    7y

    Thank you for your reply. Unfortunately, my inspector did not note any evidence of roof issues or water damage on his report.  My inspector's contract had a lot of fine print preventing any liability on his behalf as well. 

    0Reply
  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    7y

    State dependant. However you have to prove he knew there was a problem. He was up replacing shingles to him may mean "problem solved". He replaced them there is no more problem to disclose. If there is a broken step and he replaces it, is there a required disclosure of a past problem?

    He may state "how was I to know it was installed improperly, your trained inspector couldnt even tell, how would I know"?

    0Reply
  • Don Gouge
    Johnson City, TN · Member since 2017 · 209 posts · 367 votes
    7y
    I tend to agree with the above response. The seller may have felt there were no issues because he had repaired any prior issues. It would be difficult to prove he knew there was a problem at the time of sale. Incorrect installation needs to be confirmed by a representative of the shingle manufacturer. Often a roofing license is just a matter of a fee payment and proof of insurance. Despite what the inspector's says, he can still be sued and you can collect if he is incompetent.
    2Reply
  • Account Closed
    OP
    Member since 2018 · 13 posts · 1 vote
    7y
    Originally posted by @Mike Cumbie:

    State dependant. However you have to prove he knew there was a problem. He was up replacing shingles to him may mean "problem solved". He replaced them there is no more problem to disclose. If there is a broken step and he replaces it, is there a required disclosure of a past problem?

    He may state "how was I to know it was installed improperly, your trained inspector couldnt even tell, how would I know"?

     That's a really good point, thank you. I think that he definitely knew it was a bad roof, which was why he sold the house. But I think I would have hard time proving it when he can just use what you said as an excuse. 

    1Reply
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