Scott
07-11-2003, 11:28 PM
Someone buys a house without hiring an inspector. Realtor puts
in the purchase agreement that the house is being sold "as is".
Seller discloses there are no roof problems. The day of the
closing, there's a heavy rain, and the flat roof over the small
rear (rec room) addition begins to leak. Seller discloses this to
realtor just before closing and realtor tells buyer and says that
seller will get in touch with homeowner's insurance company to
file a claim for possible water damage to ceiling tiles and structure.
Buyer is satisfied and proceeds with closing. A week later,
insurance adjuster shows up and declares no water damage
due to storm and states that all older flat roofs (house is
50 years old) all eventually have leakage problems because water
pools on top and backs up through flashing. He said the
buyer should have inspected the roof before purchasing the
house. Buyer moves in a few days later. It rains all day, and
buyer calls seller to say some ceiling tiles are now soggy due to
roof leakage....and it's not right that the house he just bought
should have a leaky roof. Does the seller have a legal
responsibility to fix the roof after the sale?
Thanks!
Scott
in the purchase agreement that the house is being sold "as is".
Seller discloses there are no roof problems. The day of the
closing, there's a heavy rain, and the flat roof over the small
rear (rec room) addition begins to leak. Seller discloses this to
realtor just before closing and realtor tells buyer and says that
seller will get in touch with homeowner's insurance company to
file a claim for possible water damage to ceiling tiles and structure.
Buyer is satisfied and proceeds with closing. A week later,
insurance adjuster shows up and declares no water damage
due to storm and states that all older flat roofs (house is
50 years old) all eventually have leakage problems because water
pools on top and backs up through flashing. He said the
buyer should have inspected the roof before purchasing the
house. Buyer moves in a few days later. It rains all day, and
buyer calls seller to say some ceiling tiles are now soggy due to
roof leakage....and it's not right that the house he just bought
should have a leaky roof. Does the seller have a legal
responsibility to fix the roof after the sale?
Thanks!
Scott
