Question on Home Disclosures

What is the name of your state? California

Hi!

We are in escrow for a PROBATE property, for which we were told no disclosures will be made available since the original owner is dead and the sale is being handled by the children and an estate. The property - we were told has a 11 year old roof. We were also told that the roof has a 50 year manufacturer warranty. When we did the home inspection on the roof we noticed a few broken tiles and I called in a roofing contractor to give me an estimate on the repairs. The roofing contractor saw the roof and said that the manufacturer of the roof (Cal-Shake) has gone out of business and is in the middle of a class action law suit for making false claims about the quality of the roof. He said the roof was a very bad material and advised it to be replaced.

Here is my problem : we entered into this deal at the price we entered in because we thought the roof was good and had a warranty. Now we are suddenly being told that the roof warranty is worthless and that the roof needs to be changed.

My question : Now that the truth about the warranty has been discovered by me, is the seller (the estate) liable to disclose this to forthcoming buyers( should we back out of the deal) or can they still claim that this is a probate and not have to disclose the truth about the roof even though the truth was discovered during escrow?

Also, will the appraisal and home inspection reports that I have done on the house be made public knowledge to other potential buyers if I back out?

I am trying to get answers to these questions so I can negotiate better with the seller and try to push them towards giving us full or partial credit for a new roof

Thanks!

[HomeGuru]

Originally Posted by kaushik123

What is the name of your state? California

Hi!

We are in escrow for a PROBATE property, for which we were told no disclosures will be made available since the original owner is dead and the sale is being handled by the children and an estate. The property - we were told has a 11 year old roof. We were also told that the roof has a 50 year manufacturer warranty. When we did the home inspection on the roof we noticed a few broken tiles and I called in a roofing contractor to give me an estimate on the repairs. The roofing contractor saw the roof and said that the manufacturer of the roof (Cal-Shake) has gone out of business and is in the middle of a class action law suit for making false claims about the quality of the roof. He said the roof was a very bad material and advised it to be replaced.

Here is my problem : we entered into this deal at the price we entered in because we thought the roof was good and had a warranty. Now we are suddenly being told that the roof warranty is worthless and that the roof needs to be changed.

My question : Now that the truth about the warranty has been discovered by me, is the seller (the estate) liable to disclose this to forthcoming buyers( should we back out of the deal) or can they still claim that this is a probate and not have to disclose the truth about the roof even though the truth was discovered during escrow?

**A: disclosure must be made.
******
Also, will the appraisal and home inspection reports that I have done on the house be made public knowledge to other potential buyers if I back out?

**A: no.
*****

I am trying to get answers to these questions so I can negotiate better with the seller and try to push them towards giving us full or partial credit for a new roof

**A: no credit need be given because you did not use the home inspection contingency.
*****
Thanks!

**A: ok**************.