Posts tagged Flooding

Question : What are my rights and who should be accountable for water leaks and flooding 6 months after home purchase?
Ok so 6 months ago I purchased my first home. I used a real estate agent and had a home inspection done and even bought a home warranty (thinking I was covering all of the bases). During the initial inspection, a ceiling water leak was noticed only by using a moisture meter held up to a water stain on the ceiling. My real estate agent suggested a roofer that could come out and find the leak, give an estimate, and do the repairs. The roofer suggested a rubber membrane over a flat roof surface and estimated $ 1500 for repairs. I negotiated that the seller pay the $ 1500 for the roof repairs as part of the purchase. He agreed and the roof repairs were done. I bought the house and other than minor problems things have been ok until 2 weeks ago. We had a really strong thunderstorm with lots of rain and wind and when I awoke the next morning I found water covering the floor. The water was contained to the part of the house that was built as an addition in 2008. My first thought was that the ceiling leaked again and when I went to the spot where it had leaked before, sure enough it was soaked and there was obvious moisture from the corner of the ceiling down the drywall and onto an area of the floor where it was flooded. I immediately called the roofer and my real estate agent and what I have been told since he came and looked at it was that it was not coming from the work that he did and therefore he is not liable for repairs. I called my insurance company who also denied the claim and said the water entered the roof from the valley where there are shingles not laid correctly. The roofer agrees that the shingles are not laid correctly in the valley but still insists I should pay him $ 600 to fix this problem. I feel it should have been brought up in the first place and I would have negotiated for the seller to take care of all of it.
One week ago it was pointed out to me that the foundation of the newly added on addition was approx 3 inches below ground level…which immediately made me aware that the roof was not my only problem and source of water entry. I immediately called the inspector who did my home inspection to question how this could have been missed during the inspection. He came to the house, offered lots of apologies and fed me several excuses of why he may have missed that the siding of the house stretches below the level of the dirt and is visible to the naked eye. He then asked me if I knew if the seller (who built the addition) had gotten the proper permits and inspections to build the addition and if he did then why did the city inspector miss the obvious grading problem? I don’t know. I am still awaiting word from codes about whether or not the seller did the proper permit/inspection process and should know within the next couple of days. I am now overwhelmed because it seems there are so many people to blame but yet no one wants to take ownership and instead I am left with ruined drywall, carpet, roof leaks, and foundation flooding issues and don’t know where to turn and who to blame. I also know that my neighbor told me that the previous tenants (the seller was a landlord and did not actually occupy the house) had told her about water coming into the addition when it rained hard. The seller disclosed nothing in closing procedures. I need advice and probably a lawyer!!
Thanks for the answers so far. The only reason I even questioned the roofer was that he was hired to “find” the roof leak and he suggested the shingles be removed and the rubber membrane be installed to “fix” the leak at a cost of $ 1500. He said nothing at that time about shingles in the valley being laid and cut wrong but now he points the finger at that being the “other” reason for the leak. Also I know the home inspector did “walk” the roof because he state he did in the inspection report. I believe in our city the codes state there must be a slope of at least 6″ away from foundation or a drainage system must be installed. So far I have been told the roof repairs will cost $ 600, a drainage system needs to be installed around the house (which sounds easy but requires removing a tree stump and hundreds of river rocks that were so nicely piled around the house) Also we have had to remove some carpet inside, need new drywall and ceiling repairs. Plus the fact I am horriblyallergictomold
home warranty advice

Best answer:

Answer by Simpson G
If the previous owner thought that the original roof repair fixed the issue, then it is out of their hands. They acted in good faith and thought the issue was solved. Inspectors do not go up on the roof to inspect shingles unless there is an obvious problem.

If the previous owner was unaware that the foundation was a problem, then again, it is out of their hands. Unless you can prove that they knew of the issue and failed to disclose, you are not going to have any case whatsoever.

You need to consult an attorney and discuss what your options are with the inspector who missed the foundation issue. If he’s apologized, then he’s essentially accepted the blame and you >may< have a civil case against him. An attorney can tell you what kind of damages and compensation you may be entitled to.