Home Buying in Thousand Oaks>Question Details

Adam, Home Buyer in Malibu, CA

We had the section 1 termite repairs completed, and during the work, a very large section of roof tiles were destroyed. Who pays for this damage?

Asked by Adam, Malibu, CA Wed Jun 8, 2011

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Well if the seller was completing the repairs and his termite company he had caused the damage then the onus is on the seller to correct the newly caused damage. If it was your contractor, then it would fall to you as they were employed under your instruction. From what you are saying the home is now not in the condition on which the sale was agreed.
Generally damage caused whilst the home is still in the ownership of the seller and caused by the sellers termite company, rests with the seller.
0 votes Thank Flag Link Wed Jun 8, 2011
Dear Adam and Joe, I love that you found each other again on trulia and Adam, I hope that lots of people read your outcome and your decision. This was a "dont sweat the small stuff choice" . I am always happy to fight the fight when it makes sense but sometimes it's just plain not worth it. This is like choosing to pay the $30 bank fee when you realize it is going to take you 3 hours to find someone authorized at the bank to adjust the fee.

It's too bad that the sellers were unwilling to step up. Hopefully they were advised by their Realtor to do so. You shouldnt have had to pay this cost but you probably made the most prudent business choice.
Web Reference: http://www.ConejoLiving.com
0 votes Thank Flag Link Wed Jul 13, 2011
Hey Joe - our trusty inspector! Yes, the sellers did disclose, initially, that there were "cracked roofing tiles", and as such, we were technically informed that the tiles were cracked. However - and I know this because I checked - they were not cracked or damaged in the area where the termite repairs were completed (I should have taken a picture, right?). There was considerable damage following the repairs. Regardless, instead of wrangling over a few hundred dollar repair and possibly delaying closing, I decided just to proceed with the transaction (this being our 3rd escrow). It just left a bad taste in my mouth with regards to the sellers.

Thanks for doing 2 inspections for us, and being an all-around good guy!
0 votes Thank Flag Link Tue Jun 14, 2011
Adam,

Sorry this answer arrives late. Disclaimer: I am not a WDO/pest inspector nor am I a real estate agent. I will offer you some information based on my 14+ years as a home inspector and participant in many real estate transactions.

The person(s) paying for tenting/repairs likely received information that roof tile damage is inevitable and the pest inspection company will not make repairs for such. Your real estate purchase contract appears to have language that states this home will be delivered to you in pretty much the same condition it was in when made your initial offer to purchase.

Your real estate agent should be able to guide you through this mess.
0 votes Thank Flag Link Sat Jun 11, 2011
I'm buying a house in Thousand Oaks. The sellers had section one of the termite inspection completed, which included replacing some sheathing beneath the concrete tile roof. When the termite company replaced the wood, they tore up a large section of the tile roof, and replaced the wood. So maybe the termite damage has been repaired, but I certainly now have a couple thousand dollar roof repair on my hands. This is obviously an unexpected additional cost. I think the seller should pay. The problem is, I have to release contingencies today (17th day) - I released all contingencies with the exception of the roof repairs by the seller. Just want to make sure I'm not being ignorant or making a mistake...
0 votes Thank Flag Link Wed Jun 8, 2011
Are you a buyer doing repairs on a sellers home before you purchased it?
0 votes Thank Flag Link Wed Jun 8, 2011
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