Seller Dishonest About Roof

[ChemESGH]

What is the name of your state? Florida

Greetings all. We have run into an issue regarding our home we closed on 2.5 weeks ago. It began last week when our homeowners insurance agent called and said that the underwriter reported our roof was sagging over the garage, and that after July 2, they would no longer insure us. I was shocked as I "knew" there was no roof sag, the house was only built in 1998, and the home inspection had discovered nothing in regards to the roof. Our insurance agent asked that we submit pictures to verify that the underwriter was mistaken, had gone to the wrong house, etc.

When I got home that afternoon, I got on a ladder and climbed up level with the roof eaves to inspect myself. I noticed one spot, maybe 1'x2' that looked like the shingles were dipping down just barely. However, when I climbed into the attic, I could see a hole in the plywood decking at that spot. This was with me only standing on the attic stairs and looking over at the trouble spot. I then did some more inspecting in the garage and found that the wall closest to the front door looked like it had some water damage that had been patched and painted over.

The seller was the original owner of this home from 98 until we bought it. We checked the disclosure statement and there were specific questions about roof leaks, repairs etc. that the seller answered dishonestly as there is obvious water damage and repairs that were carried out in the garage. Also, we feel much of this should have been obvious to the home inspector.

I have contacted our Realtor and he has communicated with the sellers Realtor as to what we have found. I also had two roofing contractors come out to inspect the roof and quote on both patching the trouble spots, and to install an entirely new roof. According to our insurance agent, they are not obligated to continue covering us even if we fix what they found. However, with an entirely new roof, there isn't much they can use to justify canceling our coverage in relation to the roof. We have also contacted the inspection company and have requested they come back and look at this and explain why it was not found during the inspection and re-inspection. We did read the contract from the inspector and apparently all they are responsible for is refunding our inspection fee.

Is there much we can do as far as the seller is concerned with not disclosing about having to patch and paint over water damage in the garage, which is a direct result of the roof needing repair? We are going to go ahead and get the roof replaced as we don't want to lose the insurance coverage we have in lieu of the mortgage company finding someone that will be twice as much in cost. Also, we want to have peace of mind in our new home and a new roof will give us that.

I have a feeling it won't be worth the time and money to try and take the guy to court to help pay for this new roof. However, if I had any idea there was a chance of the roof needing repair before we signed the contract, we would have asked the seller to replace the roof, or we simply would not have purchased this home. This is definitely not what we wanted to be doing 2.5 weeks into living in our new home. Any advice? I appreciate everyone's time and consideration in this matter.

[Ozark_Sophist]

Sounds like a tree limb went through the roof at some point and rain damaged the drywall in the closet. The area was patched so there was no leak. Thus, the seller knows of no roof leaks and said so on the disclosure.

[lcannister]

IF you feel you have a case, after all you have the paperwork to view, then take them to small claims and let a Judge decide.

[BlondiePB]

Originally Posted by lcannister

IF you feel you have a case, after all you have the paperwork to view, then take them to small claims and let a Judge decide.

Unless FL made changes, small claims maximum is $5,000.00. The patch & repair would have to be within the limit for small claims.

[ChemESGH]

Originally Posted by Ozark_Sophist

Sounds like a tree limb went through the roof at some point and rain damaged the drywall in the closet. The area was patched so there was no leak. Thus, the seller knows of no roof leaks and said so on the disclosure.

While the spot above the garage may have been impact damage, the wall that has apparent water damage was due to a flat spot that, according to the roofing contractors that quoted me on a new roof, was improperly built and felted to keep water from getting under the shingles. This in itself is not the sellers fault. However, he knew there was a leak there as he had come back at some point and patched the wall and tried to paint over the water spots there, and he was the only person that had lived in thehouse since it had been built. The disclosure asked specifically if there had been any leaks or repairs made at any time in the past, and he answered no. If we had been made aware of this, then we most likely would have passed on this home and continued looking at others.

[Gadfly]

Read the wording of the disclosure. Does the question ask if you know of PAST leaks or CURRENT leaks?

[BoredAtty]

Originally Posted by ChemESGH

While the spot above the garage may have been impact damage, the wall that has apparent water damage was due to a flat spot that, according to the roofing contractors that quoted me on a new roof, was improperly built and felted to keep water from getting under the shingles. This in itself is not the sellers fault. However, he knew there was a leak there as he had come back at some point and patched the wall and tried to paint over the water spots there, and he was the only person that had lived in thehouse since it had been built. The disclosure asked specifically if there had been any leaks or repairs made at any time in the past, and he answered no. If we had been made aware of this, then we most likely would have passed on this home and continued looking at others.

I think you should talk to a real estate lawyer. It sounds like you may have been intentionally deceived by the seller. If so, you would have a good case for damages.

[lcannister]

I agree with Ozark what is the exact wording of that part of the disclosure, get it out and type it word for word or at least know in your own mind what it is indicating.


BlondiePB is right as well on the limits of small claims and I just reread your post and see the Insurance Co. expects a full replacement.