Home Buying in Boynton Beach>Question Details

Margie, Both Buyer and Seller in Provincetown, MA

Inspector found leaks and ponding

Asked by Margie, Provincetown, MA Sun Jul 8, 2012

I had an home inspection and the roof inspector found 3 areas that were leaks and ponding on the flat roof.Is it his responsibility to replace or can he get away with repairing,now that he knows there are leaks?

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Marc Jablon great answer!

Let's talk about your insurance. The probability of qualifying for insurance with an older roof that needs repaired is nil. Your inspector will have to sign off on a life expectancy of 3-5 years for the roof to even qualify to get insurance.

Why? In Florida it rains and it's hot. Leaky roofs create water damage, mold and claims insurance companies today have no tolerance for.

My suggestion. If it needs a roof put a new one on or find another house.

Brian Murphy
Murphys Brightway Insurance
0 votes Thank Flag Link Mon Jul 9, 2012
Generally, when issues come up on the inspection report you (the buyer) has to decide whether he/she wants the seller to repair it, credit you or do nothing. In this case, there are 3 leaks in the roof and that needs to be repaired. The inpsection report will give you an idea of the cost. As the buyer, you need to decide which avenue you want to take. If you opt to have the seller repair the problem make sure the work is done by a professional roofer and you see the bill that states that the work has been done.

Just know, that it is rare that no problems come up on the inspection report. This can be remedied fairly quickly and easily if both parties cooperate with each other.

Good luck. I hope that everything goes smoothly.

Nicole Marks Mason, Realtor
0 votes Thank Flag Link Sun Jul 8, 2012
Check your contract for repair responsibilities. Also, some ponding on a flat roof is permissible, depending on rate of evaporation. Check your local code authority.
0 votes Thank Flag Link Sun Jul 8, 2012
Marc is the man. Very well put and completely on the money. In other words, "ditto."
0 votes Thank Flag Link Sun Jul 8, 2012
Because clietnts of mine have run into similar problems, here is the the advice I have given them:

What the owner of the home in Boynton Beach will do depends upon you and your contract. The first question to ask yourself is, " How much will it cost to reapir this roof problem?"

The answer may or may not be in your inspection report. Very often (but not always) an inspector can give you an approximate cost of repairing the problem item.

So, once you have that cost, the next question to ask yourself is, "How much do I want the house?" If the answer to the question is that you really, really want this house in Boynton Beach, then you have two choices:

The first is to bite the bullet and eat the repairs. And if they are relatively minor and inexpensive, this is the simplest course of action.

If the repairs are major and will cost more than you want to spend, then the second choice is to go back and renegotiate with the seller. Even if you have an 'AS IS' contract, you can renegotiate, as long as you have not approved the inspection and as long as you are still within the inspection time period of the contract.

Here's why you can and should consider renegotiating:

The seller of this Boynton Beach home has filled out an item called the "Sellers Disclosure." That means he is supposed to let potential home buyers know about any major problems of which he is aware.

If he was not aware of the roof problems before the inspection, he is certainlhy aware of them now. So even if you don't buy this home in Boynton, the seller has a roof problem that will need to be fixed.

More important, he will have to disclose this problem to the next buyer that comes along. His Boynton Beach realtor is now also aware of this problem. If the seller does not disclose this problem, his agent is obligated to do so.

In addition, even without disclosure, the inspector for the next buyer is going to find that same roof problem, unless it is fixed.

So, if you want this Boynton Beach house, but the cost of the roof repair is prohibitive, then you need to acquaint the seller with the above facts and start to reneogtiate the price in order to take care of this problem.

If your inspectors have not been able to determine the extent of the problem, and if they are unable to give you an estimated cost of reapir, then you need to either terminate the contract or you need to bring in a roofer to estimate the cost of repair.

Bringing in the roofer will be your expense. However, before you take this step, ask your Boynton Beach realtor to create an addendum extending the inspection period of the contract. By the way, the seller must also agree to this addendum; it cannot be unilateral.

Once the roofer determines the extent of the problem, you and your Boynton Beach real estate agent can discuss the cost of repair and formulate your response to the seller.

Marc Jablon, The Jablon Team
RE/MAX Complete Solutions
Web Reference: http://www.BocaRealtyGuide
0 votes Thank Flag Link Sun Jul 8, 2012
Thank you so much,I wish my realtor could see this information.Hopefully she can.
I'll be in touch.
With gratitude
Flag Sun Jul 8, 2012
Depends on your contract (if it's written on an as-is then there are no seller responsibilities to fix) & what the seller is willing to do. I don't think the seller is going to "get away" with anything by repairing it. A few leaks do not mean a full replacement is necessary especially on a flat roof which is most likely over a lanai or entryway of some sort.
0 votes Thank Flag Link Sun Jul 8, 2012
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