Home Buying in Albany>Question Details

Elm, Home Buyer in Albany, NY

What is common practice for sellers and buyers when a home inspection finds a major problem?

Asked by Elm, Albany, NY Thu Nov 13, 2008

Our inspector found the homes roof to be bad. Who should pay for the new roof?

Help the community by answering this question:


The terms of your contract should specify the process and limits for repairs identified during the home inspection. As mentioned, unless the roof is leaking, it is generally understood the roof does not require replacing.

Most inspectors are not experts in every faction of the inspection. Based on this, if there is a problem with the roof, we recommend bringing in a licensed and insured roofing expert for a professional evaluation. Be sure you get a written report. Be certain to ask, "How many years the roof hav left before it needs to be replaced?"

If the answer to this is, it needs to be replaced NOW, you need to take this information back to the seller and negotiate a solution that is satisfactory to both parties.
0 votes Thank Flag Link Sun Dec 7, 2008
I am not a realtor, but am going through similar stuff. Really think twice about splitting it 50/50. The seller will now have to disclose it to potential buyers, and roofs are expensive. Its not like splitting all the odds and ends that typically come up with an inspection. Unless the seller is really unmotivated, I would be shocked if they didn't realize they need to pony up the money.
0 votes Thank Flag Link Fri Dec 5, 2008
Meant to add at the end of my previous comment, t I'd ask the seller to pay for the roof with a contractor you choose as you want good work and it done on schedule. Of course this this still means you may have to negotiate.
0 votes Thank Flag Link Fri Nov 14, 2008
In Texas this would be the point to negoitate. You have several options.

1. The seller can reduce the price and the buyer can have a new roof installed with the savings after closing(this is my prefered choice- because you get to select who does the work and have all warranty information on the work).
2. The Seller can offer to split the cost of the new roof.
3. The Seller can refuse to fix or replace the roof.At this point the Buyer has two options:

A. The Buyer can walk away and find another house if he does not like the deal. If he does this within the Option Period he should get his Ernest money back and only loos ethe Option money. This puts you back to square one with the home search.
B. Buyer can decide he really wants the house and will continue with the purchase and simply pay to replace the roof after closing himself.

I suggest you contact your Realtor or any local Realtor to find out the local guidelines. Good Luck!
0 votes Thank Flag Link Fri Nov 14, 2008

I am typically successful in negotiating repairs to be paid by the seller. However, every situation is unique and it really depends on how the home is priced in comparison to the market. If you are getting a great deal, then the seller will be less likely to oblige.

A bad roof is considered a defect and would need to be disclosed to other potential buyers if the home were to come back on the market. The seller will likely want to work with you because they will run into the issue with the next buyer as well.

Get estimates on the cost and submit a request for the seller to pay 100%. See what they say. If they counter, try splitting it 50/50.

Best of luck
0 votes Thank Flag Link Fri Nov 14, 2008
Seller could give a credit to buyer for repair or fix it before selling.
0 votes Thank Flag Link Fri Nov 14, 2008
As long as the roof is not leaking...it is a roof and seller is not required to replace it.

Offer on the home what you feel it is worth.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Fri Nov 14, 2008
Just having a new roof put on my house now! My advice is to get several estimates and be present when they are done. If the job isn't looked at carefully you are in for the price to go way beyond the estimate. A smaller company, interested in pleasing their client will take more time to come up with an estimate but they look more closely at the job and this estimate tends to be closer to the actual price. Also make sure the folks you get estimates from can be specific about when they could start the job. A fancy folder with roof samples doesn't always go hand in hand with the best person for the job. We actually found some folks will measure and eye-ball & look in attic, when others take several ladders and look at different areas on the roof. We went with the latter. I'm quite pleased too.
0 votes Thank Flag Link Thu Nov 13, 2008
This is really simple: negotiate! Both parties (buyer and seller) need to get the results of the home inspection. The buyer will most liely request to fix the problem. The seller has some time to get estimates and to consider whether to repair or to give credit to the buyer to repair (the credit would not be an option if the lender's requirement is "to fix"). If the seller disagrees with the inspection results, the seller can provide the second expert opinion. Usually the parties work out a solution. If they cannot and the contract and/or financing is contingent upon home inspection, the contract will become void.
0 votes Thank Flag Link Thu Nov 13, 2008
I had a simular situation when I sold my house. It's part of the negotiation process (depending on how contract contigencies, if any, were written). In my case I offered to pay the buyer part of the cost (a set dollar amount) at closing. I could have reduced the price or if my wife hadn't made me see the light I could have said to the buyer "buy it "as is" or walk away." If you are the buyer, in this market, you have the stronger negotiating position.
0 votes Thank Flag Link Thu Nov 13, 2008
If the buyer asks for the seller to repair the roof as part of the Resolution of Unacceptable Conditions and the seller agrees then the seller will generally get to choose who does the repair.

If the buyer asks for the seller to come down on price so that the buyer can replace the roof after purchase, then the buyer gets to choose who does the repair.

Sometimes the seller & the buyer split the difference in price.

Ask your buyer's agent for their recommendation in this instance. Your agent will also know a few roofers in your area.
Web Reference: http://www.mariatmorton.com
0 votes Thank Flag Link Thu Nov 13, 2008
Even the roofers that gave estimates couldn't tell me how long it would last. However they all said that it need to be replaced. Sooner than later, being located in the North East. It wasn't structural, just the shingles need to be replaced. The buyer and seller both got estimates. The estimates ranged from $6000-$10,000. Just was wondering what was common place for whom should pay. The purchase is not as is.
0 votes Thank Flag Link Thu Nov 13, 2008
You need to describe what the inpsector means by bad. Does that mean there is no longer any life left in the roof? Is it leaking? Is it structurally poor? Exactly what is wrong with the roof? Did your contract state a specific dollar amount towards repairs paid by seller? Is this a purchase on a home in an "As Is" sale? Did you lower your asking price due to condition of home and was the price negotiated due to this fact? A repair deemed necessary it is up to the buyer to decide if he wants to continue with the purchase and it is up to the seller if they are agreeable to repair the roof. So as you can see by this reply more information is really needed to answer this question. Would you still want to purchase this home even with the roof problem if the seller will not repair or replace it? Joanne Realtor
0 votes Thank Flag Link Thu Nov 13, 2008
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