Consumption and Real Estate
Bought a new house and its damaged, who is to blame, and can I take action?
Question : Bought a new house and its damaged, who is to blame, and can I take action?
I just bought a new house 4 months ago, recently found out that the roof has a nasty leak, and will need replaced as well as the ceiling in our living room and basement due to water damage. The roof was fixed before we bought the house and passed the home inspection. We also took out the extra 1 year home warranty thru our realtor that cost an extra $ 500. Now, they tell us that the roof is not covered!!! Am I getting railed or do I have some case here??
1 year home warranty
Best answer:
Answer by Rao
This one will be hard for you to get reimbursed as you will have to prove that the seller sold you the house knowing these problems existed and did not disclose it. Its been 4 months now so more than likely you really dont have a case. You should read over the home warranty to make sure what is actually covered. Usually, this warranty is paid for by the seller most of the time, I am surprised you didnt negotiate it as part of the sale.
A similar thing happened to my friend, flooding basement, but he tried and was not able to win his case.
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#2 written by Micah A R 1 year ago
You absolutely have a case. Depending on a few things. New house? As in, brand new construction? If thats the case, then you can argue through implied warranty. You have the reasonable expectation that the house was built properly. Which includes the roof.
Not brand new? Who inspected the roof, and passed it? You’re action would most likely be against them, since they were the ones that gave you the assurance the roof was ok. (Often, after these inspections, BUYERS require the inspector to give a guarantee. A good realtor would have told you to get one.)
Here is how a lawyer would handle it:
First, send a letter to everyone asking they pay for the repairs. If you get no’s and/or no responses, then file a lawsuit, and name EVERY SINGLE party involved. The realtor, the inspector, the repair company, and the builder if it was a new house. Make a case against everyone, and let the court decide who is legally responsible.
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#3 written by Dan 1 year ago
As far as I know, the seller is not liable for anything you find out after the home inspection. Check your home warranty. Mine does cover the roof. I also bought the house 1 month back and the seller purchased the home warranty for me thru the realtor. Check with the seller who repaired the roof and what was the warranty on the repair. These warranties are generally transferable to the buyer. Good Luck.
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OK, when you say new, was it new or new to you? That isn’t the huge issue.
First issue: If you can prove that the seller had repairs done to the roof and did not disclose that there had been repairs made, you do have a case. Repairs need to be disclosed, if you received a seller’s property disclosure.
Next issue, the home inspection. Does the home inspection state anything about roof repairs? The repairs would have been fairly recent at the time and should have been mentioned in your home inspection.
Next issue, the warranty. Who is the “they” that is telling you the roof is not covered? Take a look at the policy you bought, that tells you what is covered.
Once you have gathered your information, call your realtor and start the ball rolling. Don’t get emotional or despondent, just plainly state the facts you have in front of you. Hopefully, you will be able to make this right without the services of an attorney.