Can we sue the seller/home inspector for damages

[valisere]

What is the name of your state (only U.S. law)? California

We puchased a home in Palm Springs this past spring. It was disclosed by the seller that there had been a large leak in the roof several months prior but that it had been completed repaired. In fact he said he had padi almost $4000 to do so. We had a home inspection done as well and the report came back that the inspector had walked on the roof and did not find anything wrong with the materials or the shape of the roof. As this is a second home we are only there part time. When we arrived prior to Christmas we found that the leak was absolutely not repaired and the entire ceiling was caving in and water damage was everywhere. It had rained one day and all this damage had occured.....hence our belief that it most certainly could not have repaired as was stated. Is there any remedy for this??? We have had to spend over $6000 to have the roof looked after properly, not to mention the esthetics on the inside repair. Can we sue the seller???? Can or should we sue the Home Inspector....or both????
Any help would be greatly appreciated

[Cedrus]

Home inspection contracts usually have an "out" for the inspector. Did the seller give you paperwork from a roofer/contractor/handyman showing the $4K repairs?

You must prove the seller knew the roof was defective at the time of sale. That is a tough one. Maybe the adjacent neighbors know something.

What did your roofer find was wrong and what did he say or put in writing?

You can sue anyone you want, just be sure of your facts ( and be prepared to be disappointed. )

Was this an asphalt shingle, tile, metal or shake roof. Or do you have a flat roof with tar/gravel or modified bitumen ?

[HomeGuru]

Originally Posted by valisere

What is the name of your state (only U.S. law)? California

We puchased a home in Palm Springs this past spring. It was disclosed by the seller that there had been a large leak in the roof several months prior but that it had been completed repaired. In fact he said he had padi almost $4000 to do so. We had a home inspection done as well and the report came back that the inspector had walked on the roof and did not find anything wrong with the materials or the shape of the roof. As this is a second home we are only there part time. When we arrived prior to Christmas we found that the leak was absolutely not repaired and the entire ceiling was caving in and water damage was everywhere. It had rained one day and all this damage had occured.....hence our belief that it most certainly could not have repaired as was stated. Is there any remedy for this??? We have had to spend over $6000 to have the roof looked after properly, not to mention the esthetics on the inside repair. Can we sue the seller???? Can or should we sue the Home Inspector....or both????
Any help would be greatly appreciated

**A: you can sue both but have the home inspector check the roof out and provide his comments before you do anything. Did you find out who repaired the roof prior to closing? Was it a licensed roofing contractor?

[valisere]

We have located an invoice (from the roofer) that the seller provided the realtor confimring that he had spent aprox $4,000 on the roof. It doesn't give much detail, primarily that the flat roof had a crack that they sealed and then they painted the entire roof. If th invoice is legitimate, then I would assume the seller would believe that the roof was repaired accordingly.
We have tried to locate the roofing contractor but unfortunately all his numbers are disconnected. Probably out of business. The roofers that came to look at the roof on our behalf have stated in writing along with pictures that the roof had not had anything done to it in the last 5 - 7 years. We had 6 quotes....4 of which provided their findings in writing.
The inspector indicated on his report that after walking on the roof that he did not find anything wrong with the condition.
The inspector of course opens this section of his report with a blanket statement (to cover themselves) that the Buyer should querie the seller as to the condition of the roof and that if need be have a water test done prior to the close of escrow. From our perspective, we felt we had done due dilligence by having an inspector check the roof...which in our opinion has "ok'd the condition, as well we had the disclosure from the seller that they werfe aware of a roof issue, however they had it repaired. ????? How much further does one go?????
C

[HomeGuru]

Originally Posted by valisere

We have located an invoice (from the roofer) that the seller provided the realtor confimring that he had spent aprox $4,000 on the roof. It doesn't give much detail, primarily that the flat roof had a crack that they sealed and then they painted the entire roof. If th invoice is legitimate, then I would assume the seller would believe that the roof was repaired accordingly.
We have tried to locate the roofing contractor but unfortunately all his numbers are disconnected. Probably out of business. The roofers that came to look at the roof on our behalf have stated in writing along with pictures that the roof had not had anything done to it in the last 5 - 7 years. We had 6 quotes....4 of which provided their findings in writing.
The inspector indicated on his report that after walking on the roof that he did not find anything wrong with the condition.
The inspector of course opens this section of his report with a blanket statement (to cover themselves) that the Buyer should querie the seller as to the condition of the roof and that if need be have a water test done prior to the close of escrow. From our perspective, we felt we had done due dilligence by having an inspector check the roof...which in our opinion has "ok'd the condition, as well we had the disclosure from the seller that they werfe aware of a roof issue, however they had it repaired. ????? How much further does one go?????
C

**A: the disclaimer by the inspector is a bunch of BS that does not relieve the inspector from inspecting the roof per national home inspection standards.