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Leaky Roof Question

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  • Leaky Roof Question

    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?