waterstains. Disclose?

What is the name of your state? Michigan.

Should the former owner of my house disclosed the water stains on the rafters in my attic? There is also some stains on the sheathing. The wood is not rotted, it seems pretty structurally sound but it is stained indicating prior leakage. Even if it did not leak when he owned it, is it reasonable to expect him to disclose and "know" about this? I also see a repair attempt with roofing cement in the attic.
I did have a home inspection,but the home inspector did not go all the way in the attic due to "GOBS" of insulation the owner put in there.

[lookitsmary]

with the 18 years I have done mortgages I have never had disclosure issues about water stains if you had a home inspection and there was a problem you at that point would have been informed. It is kind of like if a wall had a hole in it one time and repaired correctly and there was no problems with the patch why disclose. it is a whole wall. do you understand? you cannot disclose everything that has been repaired and or altered on a dwelling.

Quite frankly i dont understand. The home inspector i had was incompetent, and missed a lot of things, therefore, I might NOT have been informed.

Also, as i stated, the former owner loaded the attic with insulation, so as to hide anything that may be an issue.

Thirdly, Im so confused with all the different opinions, my head is spinning.

Some say your supposed to disclose EVERYTHING including roof repairs. Others say you cant possibly disclose everything.

I think im moving back to an apartment.

[HomeGuru]

Originally posted by lookitsmary
with the 18 years I have done mortgages I have never had disclosure issues about water stains if you had a home inspection and there was a problem you at that point would have been informed.

**A: Correction- the writer already stated that there was a home inspection and the stains were not noted by the inspector because the inspector did not go all the way into the attic due to insulation. So there was a home inspection BUT the writer was not informed at that point.
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It is kind of like if a wall had a hole in it one time and repaired correctly and there was no problems with the patch why disclose. it is a whole wall. do you understand? you cannot disclose everything that has been repaired and or altered on a dwelling.

**A: mary, mary, quite contrary. lookitsmary, have you read the state of Michigan or any state's seller disclosure laws? What you have stated is contrary to the state statutes.
May be start with your own state of Florida.
Let's take your example of the one time hole in the wall. The wall was repaired correctly and there was no problem with the patch so why disclose?
Well what was the cause of the hole in the wall. Was is caused by foundation settlement, structural movement, termites etc.?
Full disclosure should be made of any and all repairs and alterations of the home that the homeowner is aware of or should be aware of.

Hi Home Guru.
This is just one of MANY things Im considering ADDING to my suit against my sellers, and Im trying to figure out if I should include it by taking photos of the stained wood to arbitration with me. I did take a video of the "Gobs" of insulation put up by sellers. I have it somewhere. Its unbelievable.

What if these stains were there when they bought the house? THey cant claim they were never in the attic, cause they put insulation in wrong that I had to redo.

So my point is, this is just the icing on the cake for my lawsuit, and not the meat of it. I have many other latent defects which require extensive repair for which Im certain I will get something for unless the arbitrators are related to the sellers. So I gather from your response, Home Guru, you think I should include these stains in my lawsuit even though there doesnt appear to be structural damage? And your saying this is something that should have been disclosed?
Thanks a lot for your time.

[HomeGuru]

Yes, you need to include the stains in your lawsuit. Because you will be claiming non-disclosure.
The stains (and other material facts about the roof) should have been disclosed if the Seller knew or should have known about them.

hi home guru.
I appreciate your advice. But im just wondering, because these stains are not "effecting the structure" you know, its jsut basically a visual problem, at least appears to be, Wouldnt that be thrown out?

[faithandhope]

The water stains can affect the function of the wood that they are on if it continues to leak. Something had to cause them, roof, vent or flashing leak. You need to determine if the leak is still present or is it from an old leak and the stains are just still visible to prevent mold and wood rot. Call a roofer or your inspector back to take a look now that the insulation has been moved. You will need this info for your case. Best of Luck.

[HomeGuru]

Originally posted by faithandhope
The water stains can affect the function of the wood that they are on if it continues to leak. Something had to cause them, roof, vent or flashing leak. You need to determine if the leak is still present or is it from an old leak and the stains are just still visible to prevent mold and wood rot. Call a roofer or your inspector back to take a look now that the insulation has been moved. You will need this info for your case. Best of Luck.

**A: I agree with faithandhope.
In a lawsuit, you need to include everything underthesun.