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.
Don Groff | REALTORÂ® & Mortgage Broker
Austin Real Estate Pros & 360 Lending Group
o 512.669.5599 | m 512.633.4157 | email@example.com
websites: http://www.AustinListed.com | http://www.360LendingGroup.com
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.
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.
Lynn911 Dallas Realtor & Consultant
Multimillion Dollar Sales Producer
http://www.lynn911.com 100's of Dallas homes listed for sale or lease
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