Home Buying in 79735>Question Details

Rippedoff, Home Owner in 79735

We purchased a house in Texas and found the seller had lied and not disclosed roof damage. Does our agent have any liability. Where do we start?

Asked by Rippedoff, 79735 Sun Feb 20, 2011

The space for layers of shingles was left blank and space for any known roof damage was stated "NONE" Although he had placed a BUNCH of scrap lumber under a metal roof to hide a HUGE dip in the roof. Is our inspector liable? The roofer said he would have caught it if he had walked the roof. We now have all kinds of cracks in the drywall and shifting since the weight of the shingles were lifted. We also removed some carpeting and found a huge crack in the slab. Any way of telling if that was there when the carpet was put in so we would know if the seller knew and hid this too? Any advice would be great we have no idea how to start on this.

Help the community by answering this question:

Answers

9
Confer with an attorney best option MUCH depends on the papework you signed and etc.

Realtor (listing / buyers) agents would not have knowledge of this

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
1 vote Thank Flag Link Sun Feb 20, 2011
Your situation is sadly not particularly unusual. Both the inspector and seller may very well be liable. Regardless, any real estate lawyer that has a background in litigation could likely take care of everything for you. There are laws that are favorable for someone in your position. The potential to get exemplary (punitive) damages and attorney's fees does exist in cases like this. A good lawyer would take the time to discuss the details of your situation. Good luck.
0 votes Thank Flag Link Thu Feb 24, 2011
Thanks for all the advice. Guess it seems we should start with a lawyer. To answer a couple question... There was only one previous owner so unless someone snuck up on his roof and piled the scraps of lumber he must have done it himself. The three layers of shingles were under a latice of wood he put on and then attatched the metal roof over that. Its my understanding that there should not be more than 2 layers of shigles on a roof due to the weight. Ours had three AND wood strips, layers of foil coated insulation (not sure why he did that) and all that was covered by a metal roof! We were thinking if we found out who put the new carpet in we could find out if the crack was known or not. Not sure if we can find out but its a small town so not many options on carpet installation. Someone metioned that the inspector should have insurance to cover something like this but not sure if that is true.
0 votes Thank Flag Link Sun Feb 20, 2011
The seller may not have known there was a problem with the room. When you purchase a home you have to do you own due diligence and have everything inspected. Your best best is to have to roof fixed yourself. Your chances of of getting something out of the previous owner, inspector or Realtor are slim to none.
0 votes Thank Flag Link Sun Feb 20, 2011
Ok, this answer is not meant to be legal advice, and I would highly recommend that you contact an attorney. However, just reading through your comments brings up quite a few questions. Firstly, if your home has a metal roof, then there would be nothing put for layers of shingles, and quite honestly even if it was a comp shingle roof, most homeowners don't know how many layers of shingles they have on their roof. Then the second thing is that you are going to have to PROVE that the seller knew he had roof damage, and that he/she was the one that put the scrap lumber under the roof to hide the huge dip. How long has the roof been on the property? Was it there before the previous owner bought it? As far as the huge crack in the slab, again you are going to have to prove that it was there when the carpeting was put down. Was the carpeting put down by the previous owner, and was the pad removed so that he could actually see a crack in the slab? Was the crack outside of normal tolerances? See where I am going with this? Was the inspector someone that you chose? If so, then obviously it was someone that you thought would do a good job. If he/she didn't, then the argument could be made that this falls on your shoulders (not saying it's your fault, just looking at worse case scenario)....Just food for thought. Obviously, it is upsetting and frustrating. Again, a real estate attorney is the one that should give you legal advice and my comments are just things for you to think about and or question. I wish you much luck resolving your issues!

Jackie
0 votes Thank Flag Link Sun Feb 20, 2011
Good questions and sorry this has happened, would highly recommend you contact an Real Estate Attorney ASAP and see what steps or order they want you to proceed. Try and include their fees in your damages as well, I suspect the list of guilty parties will include the home inspector and the owner, as NONE on the SPDS (Sellers Disclosure Statement) is a liable statement.

Contact Attorney post haste and see about a solution. Best of luck.

Spirit
0 votes Thank Flag Link Sun Feb 20, 2011
Your agent is liable if he/she knew about the condition of the roof and did not disclose this to you. If they did not know then they are not responsible.
Web Reference: http://www.thescotsman.com
0 votes Thank Flag Link Sun Feb 20, 2011
You have a lot of good questions. I would talk to your agent and see what they recommend that you do. Certainly, you should ask the inspector to come back out and explain why it was not on his report. The seller may have not know about these items especially the roof???? However, you should get some estimates and if it is a lot to repair then seek legal advice.

Best of luck and sorry about your situation

Nanci
0 votes Thank Flag Link Sun Feb 20, 2011
Dear Rippedoff,

It does seem as if your inspector should have caught the roof issue and potentially saw signs of abnormal movement in the slab as well. Typically they aren't responsible for foundations but can spot signs of problems. Was your inspector TREC licensed? I assume that both you and your agent were counting on the inspector inform you of any problems.

Bottom line is that you need to get to a real estate attorney and take in all documentation (including this roofers report) along with pictures of the house. I would call tomorrow and make an appointment.

Good luck!

Chris
Web Reference: http://www.ChrisTesch.com
0 votes Thank Flag Link Sun Feb 20, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer