Home Buying in Dallas>Question Details

Hannahe426, Home Buyer in Rowlett, TX

I bought a home in the end of January of 2013 in texas. I got the home appraised and inspected and with 10 months I have a leaking roof.

Asked by Hannahe426, Rowlett, TX Fri Nov 29, 2013

Can I sue my home broker or inspector for failing to notice the obvious damages in my roof. I have a hole in my roof and rotting wood that has been going on for longer than 10 months. It should have been obvious to a home inspector. My insurance adjuster noticed it when I called about a claim. How can I get help? This is an FHA loan. If anything I feel I got robbed since I did get the home appraised and inspected- I would of at least negotiated this fix or negotiated the price.

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I had a similar experience where it seemed an inspector missed some obvious hail damage on a home that my clients bought. We contacted the home inspection company to come back out and take a look and we were able to get them to pay for the damages and my clients were able to replace their roof.

So I would take that step first to see if they will accept any liability for a bad inspection. It may not work out but that is the first action I would take and if you are not happy with the results you can go from there and contact a real estate attorney to pursue the matter further.

Hope this helps.

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Austin Real Estate Pros & 360 Lending Group
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1 vote Thank Flag Link Wed Dec 4, 2013
Speak with a Real Estate attorney.
http://Www.tcrdallas.com
0 votes Thank Flag Link Sun Dec 1, 2013
A couple of thoughts.

One is that it has rained at least once I think between now and 10 months ago. If your roof only leaks now, then at the time of the inspection perhaps it was not leaking enough for either you, your realtor, the inspector, the seller, or anyone else to notice. I'm think leaks are not always easy to notice on a dry day.

A second thought is to call the inspector and ask them to come out and look at the house and see what they say. I have no idea if they would return for free or not, but some might.

Did you get the roof covered with the home warranty?

Is the insurance adjuster saying you need an entire roof, or just the leak patched? Are they going to cover the claim? Did they mention if there were previous claims before you moved in?

In any case I think it might be hard to prove it was leaking when you bought the house and prove that anyone should have seen it or should have know about it, or should have pointed it out to you. That's probably what you will need to do to resolve it. As others have mentioned this is not a legal forum, so if you want legal advice you should talk to an attorney.
0 votes Thank Flag Link Fri Nov 29, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Speak with attorney, That is yuor best option, I understand itcsould get very expense,

You could also file small claim, depending on the cost to epair.

GOOD LUck

LINDA
0 votes Thank Flag Link Fri Nov 29, 2013
Appraisers are not normally called upon to note damage to the property.

Professional home inspectors often "walk" the roof to check for damage to the underlying decking (assuming this is the wood you're referring to). Your inspector gives you a copy of the inspection report, which you should review.
If nothing is noted in the home inspection report, then your insurance adjuster may have an opinion about when the damage occurred. While you mentioned that the rot "has been going on for longer than 10 months" you may need a professional opinion of that fact, if the home inspector states the damage was not present during his inspection.

Once you have facts that can be presented in court, you can decide how to proceed next.
Web Reference: http://www.SumnerRealty.com
0 votes Thank Flag Link Fri Nov 29, 2013
You need to review inspection report furnished to you by the inspector and determine if anything was noted. Then contact the inspector then determine on how to proceed.

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0 votes Thank Flag Link Fri Nov 29, 2013
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