Home Buying in 61604>Question Details

Calfman, Home Buyer in 61604

Home inspection states that the roof is major concern. Realtor said I can not ask for repair or money, since not leaking currently.

Asked by Calfman, 61604 Thu May 5, 2011

Inspector said roof showed signs of curling, cracking, and aging. We made a fair offer on the house and I think we should be able to at least ask for some sort of a partial credit.

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Your Realtor is wrong and just trying to save the deal. Besides you don't know for sure it is not leaking unless you are there in the attic during a downpour. Insulation and plaster can absorb a lot of leaking before it shows through on the ceiling below. Older homes with attic spaces will dry out quickly because water can drop thru to insulation between attic floor and ceiling below, and there is a lot of air flow to dry out surfaces.

Also curling, cracking of shingles indicates they are at the end of their useful life. The key is that you must negotiate the change during the time the home inspection rider is in effect. Or you can provide written notice that you are exercising your right under the "subject to inspection " clause to cancel the contract. That must be done in writing, citing the clause and wording in the contract, and within the time allowed. Then if you are still interested in buying the home at an adjusted price you must be sure to do it by writing a new contract. If you amend the old contract, after serving notice of canceling it, or beyond the time limit stated in the contract for the inspection clause, you make that clause invalid. If you then find you can't get the loan amount you want due to the condition of the property, you might be stuck having to buy the home anyway. Remember the financing contingency time is still running, and the seller and Realtor may try to stall so that you keep negotiating beyond the time limits and you can't get out of the contract even if you can't get the loan amount you entered in the contract. That is why they write TIME IS OF THE ESSENCE.
1 vote Thank Flag Link Thu Aug 16, 2012
Have you spoken with a contractor about this? I have no idea how much it costs to repair a roof, but a contractor would. See if the fix is small enough that you could handle it yourself. If it's a large fix, don't be shy in asking for a credit. http://www.tothroofing.com/Roofing_Repairs_and_Replacements_Oakmont_PA.html
Flag Wed May 6, 2015
Caffman, i'm glad you seeked a second opinion. Often home inspections frighten new home buyers unnecessarily. The roof is not leaking, you now know it potentially has a few more years, and that's something you should budget for in the future. Good luck.
1 vote Thank Flag Link Thu May 5, 2011
I have seen inspectors say "The Heat Pump Won't Last Much Longer" and so the buyers ask for money when it is currently working. Like the others have said, you can ask but there is nothing that says the seller has to give a credit and it's up to them if they want to or not. You can walk away or assume the price was discounted because the roof has some age to it already. Many buyers do a home inspection thinking all the things the inspector finds will automatically be fixed or credited in some way. It would be fair to assume the listed price might have been much more had the seller added a new roof prior to listing it.
1 vote Thank Flag Link Thu May 5, 2011
Did you see the curling, cracking and could you tell it was aged prior to making your offer? If you did and you made your offer based on it, then it's really hard to double dip. Home inspections are really intended to find defects that we didn't see.

I, as a Realtor, have a hard time with visible defects and when we write an offer on the home and we take that into consideration then ask for a credit at closing "after" the home inspection, that's double dipping.
1 vote Thank Flag Link Thu May 5, 2011
It's said that everything is negotiable. If the seller knew the roof was in poor condition they might have priced the house with that in mind. The thing with roofs are they can look bad and not leak and look good and leak. Most roof are not meant to be water proof. It is a layer designed to shed water and get it away from the structure. If there is damage like your inspector stated then there is probably a replacement needed at some point in the near future. The granuals on the shingles are there to protect the layer under them Once that is exposed it will start to deteriorate from the sun. No one can tell you the lifespan of this roof. in regards to leaking or wind resistance. If you are is like me there isn't a whole lot of rain right now. You can always have a few roofers come out and get their ideas. Some roofers here will issue a 1-2 guarantee that the roof won't leek. I would have to assume they only do this on roofs they truly believe won't leak.
0 votes Thank Flag Link Thu Aug 16, 2012
Hi, These types of situations can be tricky. From the sellers point of view they may feel the offer they accepted should include any work that is needed. They may also say that since the roof isn't leaking they shouldn't have to give you a credit or make repairs. I agree with you trying to get some sort of credit from seller but all you can do is present it. It will really depend on what they are getting from the sale and their frame of mind. I would present it gently and see what happens.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
914.406.9023
0 votes Thank Flag Link Fri May 6, 2011
If I were buying the home I would 1. Ask for a sit down with the realtor and her bvroker mgr and ask why. -it sounds kinda crazy to me neog is just that ask and you shall receive or not but you don't know until you ask. 2. Call the local association. 3 ask your attorney. But don't not ask.
0 votes Thank Flag Link Fri May 6, 2011
My suggestion, get a price reduction and look at a FHA 203k loan. You can finance the cost of a brand new roof into this Purchase & Rehab loan.

If you love the house but can't get the Seller to pay for a new roof since they don't have the funds to put on a new roof, this might be a way to go for you.

I have a blog about 203k loans and what they can do for you.

http://www.trulia.com/blog/ScottButcher/2011/04/need_a_purch…

I hope it works out!
0 votes Thank Flag Link Thu May 5, 2011
Thanks for all the insightful answers. I pushed my agent a bit more and we decided to get another opinion. Second opinion thought the shingles showed normal wear and likely had 6 - 8 years of life left. So I am proceeding with the purchase without any repair/credit, hoping for the best.
0 votes Thank Flag Link Thu May 5, 2011
Ask and you may just receive!
0 votes Thank Flag Link Thu May 5, 2011
You can always ask for a credit but you may not get it. If it were me before I did anything I would get a couple of quotes from roofing companies and maybe have my insurance agent take a look at it. When you present a counter offer bullets in the gun from experts it can carry some weight with the seller. It is now a discloser issue to future buyers. But if you have roofing experts out to evaluate the roof and they say its ok, it's just old & the roof does not leak then you have only a little leverage. I have seen inspectors for the purpose of having something to write in a report make comments such as " roof appears to have some age on it " the roof was 2 weeks old! good luck
0 votes Thank Flag Link Thu May 5, 2011
Calfman,
You can ask for whatever you'd like. Whether you get it......? If the inspection shows it as a concern, I would definately see if you could get an allowance of some sort. It may not leak now, but 2 weeks after you close is another story. Just make sure it goes into the Contract if you get it.
0 votes Thank Flag Link Thu May 5, 2011
Calfman,
I can understand your concern here. Without knowing all of the details of your contract, whether the house is being sold "as-is", etc. it is hard to say for sure how you should proceed but I would recommend reviewing your contract and the wording on the inspection amendment and discussing further with your agent. In some cases you can ask for repairs, but the seller may not be obligated to agree to them.
Good luck!

Melissa
0 votes Thank Flag Link Thu May 5, 2011
Calfman,

The realtor's explanation is correct....however, you can always ask for anything. Then it's up to the other party whether or not they will conform.

The fact that the rood is not leaking but is at the end of its life expectancy could be a basis for a credit sine you were not aware of this until the inspection. No harm in asking.........right?

Good luck,

Bill
0 votes Thank Flag Link Thu May 5, 2011
If you are financing this house, it may be a requirement from the mortgage company. so, if the seller really want s to sell, they will need to do something about the roof. Your agent needs to follow your instructions.
0 votes Thank Flag Link Thu May 5, 2011
Did you have any concern when you put in the offer? In other words, was it noticeable that the roof had curling shingles from the ground? Also, did your agent ask what the age of the roof is? If you did notice that and/or knew the age of the roof, you should have made your offer accordingly and explain that that is why your offer was at the price you were at.

Perhaps your agent feels that the price is a fair price with the condition of the roof. If you are wanting to ask for a credit, you can only ask for a closing cost credit or renegotiate the sales price.

Ultimately, you can ask for either of those things which you and your agent need to decide if it is worth pursuing. Talk with your agent further and if you want to go forward with that, they need to do what you want.
Web Reference: http://www.CathiWeaver.com
0 votes Thank Flag Link Thu May 5, 2011
Dear Calfman:

You can ask for anything you want! Now, as far as what the chances are of getting what you ask for go....well that would all depend on your specific transaction. If you have a competent realtor, he/she should be able to inform you better than I could with the limited information we have.

I typically encourage my clients to ask for a credit/repair because you never really know what will happen. And in most cases the buyer has nothing to lose by asking.

Good luck,
Akop
Web Reference: http://www.vchousehunt.com
0 votes Thank Flag Link Thu May 5, 2011
The first thing you need to do is to make sure the roof is insurable. Talk with your insurance company and they will send an adjustor out to look at the roof. If the roof is not insurable, you may have problems getting the house financed.
0 votes Thank Flag Link Thu May 5, 2011
Your agent might be oversimplifying things. Most buyers probably wouldn't ask for money or a repair, but sure, you can ask for money or a repair; everything is negotiable. You can always ask for something, but that doesn't mean the other side has to give it. If you truly feel that this makes the home not worth buying at your current price, then you can have your attorney deliver the ultimatum or cancel the contract (as long as you are within the inspection period on your contract).
0 votes Thank Flag Link Thu May 5, 2011
"Credit" is negotiable. You can always ask and it doesn't matter what is going on, but your Realtor may be telling you that you got such a deal to begin with, it is not worth asking. If it is an individual seller - you can insist that your Realtor ask. They will either say yes or no then you have to decide if you want the house.

If the house is as is - then you can still ask - but they will likely not do anything. You need to decide how much it is worth to you - warts and all - and how good a deal you have now.
0 votes Thank Flag Link Thu May 5, 2011
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