What to do if seller refuses to have the house roof inspected as he said there is curling problems.?

Asked by c851009, Los Angeles, CA Tue Jun 18, 2013

Hi everyone, we are about to buy a single house but the seller refuse to have the roof inspected as the roof have curling problem, we don't mind the currently curling problem, at worst we get a new roof later, but we still like the roof inspected in case there is other problem, seller keep insisting no roof inspected or will cancel the deal, we really like that place. Please kindly share your ideals/comments with us how to handle this. Thanks

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Ron Thomas, Agent, Fresno, CA
Tue Jun 18, 2013
If the Roof is not-big-problem for you, then why are you making it a big problem?
If you have accepted the fact of replacement, why are you insisting on Inspecting it?
Roofs have a limited feature list; the look bad, and they can leak: What else can you inspect for?
This is actually ludicrous.
2 votes
Hi Ron Thomas, Thank you for your comment.

What I meant in the post is the curling roof is not a big problem at this moment. And exactly like you comment, the roof can leak, we accept the fact that it's curling but not leaking. That's why we want to have inspection-we pay for it.
Flag Tue Jun 18, 2013
carlos parra…, Other Pro, Monrovia, CA
Tue Jun 18, 2013
Typically, it is up to the buyer to perform and pay for the inspections they want.
What is a "curling problem"? I have been in the construction business 35 years and never heard of this term.
1 vote
Me either..that's why I joked about it.
Flag Wed Jun 19, 2013
Bill Eckler, Agent, Venice, FL
Tue Jun 18, 2013
"Red flag" One would have to question why a seller would take this type of aggressive position and risk losing the deal. It's completely normal to wonder, what is he trying to hide?

Consult your purchase agreement because most contracts that we are familiar with(even an AS IS contract) allow for the buyer to be allowed to preform necessary inspections. It's just too unreasonable to expect that any buyer wouldn't want to protect themselves.

Where is your agent on this issue? This is a perfect scenario for your agent to step to the plate and advocate for what is right.

My best advice, stick to your guns and insist that an inspection be performed at your expense or you'll cancel the agreement....something isn't right!

1 vote
Right on Bill!
Flag Tue Jun 18, 2013
Annette Law…, Agent, Palm Harbor, FL
Tue Jun 18, 2013
Here in Florida and it may be true in California as well...

You, as the buyer, are entitled to have an inspection completed. This process includes a roof inspection for the purpose of verifing the roof is watertight.
The owner is under NO OBLIGATION to have anything inspected. If I were selling a house, I most certainly would not allow the buyer to impose such obligations.
if you want it inspected, you pay to have it inspected.
Roof replacement should be budgeted in your purchase offer.
Roof replacement should be budgeted in your purchase offer. (repetition intentional)
If you really want the house, in many markets, such action as you are demonstrating can get your offer kicked to the curb. Be aware, the seller IS actively soliciting backups. As a seller, I would interpret your actions as 'Looking for a way out' and this portends what the future holds. I would, as the seller get my Plan B positioned.
That is where you shouild be turning, not to strangers on the internet.

Best of success
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
1 vote
Hi Annette Lawrence, Thank you for your comment.

I think there is misunderstanding in my post, we do no impose such obligation--roof inspection, on the seller. We want to have the house inspected including the roof, and of course, we will pay for the inspection. But the seller send us messages through the agent saying that the price they offer to us is under the condition of NO roof inspection.
Our agent asked us to forget about that house with that condition, but we like that house and we accept that fact that it has the curling roof problem. What we don't like is under the no roof inspection condition, there are other problems hiding. That's why I am looking for help from others who might know a better way to handle. Thanks
Flag Tue Jun 18, 2013
Yasdf, Home Buyer, Los Angeles, CA
Wed Oct 5, 2016
a roof full of rats? dead body? Asbestos? No insulation? broken trusses, hoist? Exposed electrical? Gas pipe as the ground wire? walk away!
0 votes
Jennifer Fiv…, Agent, Red Hook, NY
Thu Nov 7, 2013
If the seller refuses to let your inspector inspect the roof that could be an indication he is hiding issues. If you can't inspect don't buy.
Web Reference:  http://www.jfivehomes.com
0 votes
Susan J Penn,…, Agent, Weston, FL
Thu Nov 7, 2013
Walk away if the seller does not let you have a roof inspection.
0 votes
Kawain Payne, Agent, Seal Beach, CA
Thu Oct 24, 2013
You should have the home inspected from the roof to the foundation. If any seller is not willing to allow you to have a "proper" inspection conducted, this just may not be the home for you.

Best of luck to you.
Kawin Payne, Realtor
0 votes
, ,
Thu Oct 24, 2013
I have a solar company that will probably fix the roof if you agree to install solar panels, The solar panels are a good idea anyway and there is no cash up front.

In order to get the house fixed before closing, you will probably need both you and the seller to agree to the solar panels.

Contact me online by clicking my picture or for faster service call 949-297-1207
0 votes
Heather Paul, Agent, Santa Monica, CA
Wed Oct 9, 2013
When buying a property, you should always do all of your due diligence and inspections, they should let you be able to do the roof inspection if you like, they may not want to do any repairs, but you should definitely have access to inspect the roof if you like. This is a cost the buyer incurs so it would be your responsibility to request this. Do you have an agent representing you? I would recommend for your agent to speak with the listing agent and let them know that you want to inspect the roof, if they still do not let you, then you will need to decide if you want to proceed with the sale.

Good luck,
Heather Paul, Broker Associate, Realtor
Coldwell Banker
0 votes
Gail Mercedes…, Agent, Beverly Hills, CA
Sat Jun 22, 2013
I think the buyer(s) are entitled to FULL seller disclosure. The buyers are entitled to a professional roof inspection. Buyers need to know what the current condition of the home (roof, foundation, electrical, plumbing and etc). Buyers options: to accept seller refusal for roof inspection, buyers stick to accepted inspection contingency in purchase agreement or cancel. You did mention that you would be willing to purchase a roof at a later date. Buyers can decide if willing to purchase if home needs roof now or later inspection would tell the approximate life of current roof. Hope you are able to perform general professional home inspection and stick to your entitlements for home inspections.

Gail Mercedes Cole
EXP Realty
0 votes
Jim Simms, Mortgage Broker Or Lender, Louisville, KY
Wed Jun 19, 2013
Why do you want an inspection if you are going to buy it even if it needs a new roof? I would spend the inspection money on the new roof.

Jim Simms
NMLS # 6395
Financing Kentucky One Home at a Time
Web Reference:  http://jamessimms.com/
0 votes
Dorene Slavi…, Agent, Torrance, CA
Wed Jun 19, 2013
O.K. I think I understand better now. The owner is saying you can get an inspection but they will not pay for any roof repairs.
In this case, go ahead and get your inspection and you can then make a decision on the house. You have to make a decision about the price, if the house is worth the price including what it will cost to replace the roof. Also...since the roof might need to be replaced, be sure you take a good look at the other major components (electric, plumbing, foundation) as well.
Get a few estimates for roofing and you will have an idea. Normally, you would negotiate with the owner for some credit for Roof Repair, but it sounds like this seller will not do that for you. I think a new roof costs from $7,000 up to 10,000 or even more depending on the size and the work that needs to be done.
0 votes
Douglas Perez…, Home Buyer, Los Angeles, CA
Tue Jun 18, 2013
You would go by what's in the contract and apply the process kindly. What does your contract say about roof inspection or property general inspection? Your agent can guide you better at this.

Good luck,

0 votes
Lance King, Agent, San Francisco, CA
Tue Jun 18, 2013
You should be asking your agent this. My answer would depend upon whether or not you are still within the inspection period. If so, get a roof inspection of your own if you're worried about it. If he refuses to let you have one then I would be suspicious that something is wrong with it.
0 votes
Dorene Slavi…, Agent, Torrance, CA
Tue Jun 18, 2013
A "curling Problem?" (sounds like my hair!)

It is not the seller who can refuse to have the roof inspected, since inspection is something the buyers does and pays for. Do not,under any circumstances purchase a home without a complete inspection of the property. This is strongly advised in all of the documents you will sign during purchase and is your right under the law. The reason for many lawsuits in court is because the buyer did not spend the money to have a good inspection of the property done.
I hope you have a Buyer Agent on this because you do need to be informed and to have your side protected! I would be very careful with this one.
0 votes
Thank you Dorene Slavitz.
We have a agent, and will try to find a better way to negotiate with the seller and their agent.
Flag Tue Jun 18, 2013
Cindy Davis, Agent, San Diego, CA
Tue Jun 18, 2013
Generally speaking, buyers usually order and pay for any inspections. This is something you are concerned about so it is your job to get it inspected....

Now...are you saying the seller refuses to allow your inspector to come in? If so, the agents, and/or their brokers need to get involved. You are entitled to do any inspection you wish....and the seller per contract- is obliged to accommodate you.

Good luck.
0 votes
Shanna Rogers, Agent, Murrieta, CA
Tue Jun 18, 2013
Hi c851009,

Unless you changed the purchase contract (by doing an amendment), you have a right to inspect the property during your 17 day contingency period. However, you pay for the inspection, not the seller. So, schedule a roof inspector to inspect the roof but keep in mind you will pay them, not the seller. If the seller cancels the deal, (and you didn't change the purchase contract regarding inspections), the seller will be in breach of contract. What is your Realtor advising you to do?

Shanna Rogers
SR Realty
0 votes
Hi Shanna Rogers, Thank you for your comment.
Our realtor advise us to get another house, which we don't like as we like that house and want to find a middle/better way.
Flag Tue Jun 18, 2013
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