Being sued

[Stickler]

We sold our house and closed on 9-17-01. All inspections that the buyer requested were completed to the approval of the buyer. Two weeks after the buyers moved into the house the roof leaked. During the 12 years we lived there, the roof never leaked, now they are suing us stating that we didn't disclose to them that the roof leaked. We couldn't disclose something we knew nothing about. They told us if we didn't pay for the new roof, they would file a lawsuit. We are devistated! The real estate broker told us, we needed to contact a lawyer. We will not make an offer to them because we did nothing wrong. The broker said the buyers just wanted someone to pay for the roof and we are not responsible.

 

[HomeGuru]

So what is your question?
Mine are: exactly what did you disclose about the condition of the roof? Did you mention the age, any repairs completed, any problems etc.? Was there a home inspection and what did the inspection report state with respect to the condition of the roof? Was there a separate roof inspection? Did the Buyers provide an inspection report from a licensed roofing contractor since the leak problem occured?
What State are you in and did you comply with your state disclosure laws?

 

[Stickler]

Leaky roof

The problem is, the buyers are saying we should have known the roof was leaking, even though we couldn't see any damage unless we ripped the ceiling down or removed part of the roof. The roof never leaked when we were there. The roof is 12 years old and was put on by my husband. Not a professional roofing contractor and we told them that. We replaced the roof and was not aware of any damage then. I guess what I'm asking is, they
tore out the ceiling and got a roofing contractor and found damage that had been there for awhile. It could have even been there before we bought the house. Should we pay them what it cost to put on a new roof, or should we let them file a lawsuit saying that we didn't tell them something that we knew nothing about. There was a home inspection done and he was very thorough, he never found any evidence of any leak or damage. But the buyers are saying the home inpection doesn't matter. Legally, what should we do?

 

[HomeGuru]

You did not answer all my questions.

 

[Stickler]

The state we are in is Kentucky. We disclosed the age, repairs and who done the roofing. There we no problems. They had a home inspection and he requested that any loose nails be hammered down, which was done. There was no other roof inspection. They have had the roof on the kitchen and bathroom replaced with a rubberized roofing that has cost $2100.oo so far.
The contractor said there has been damage under the shingles, but that could have been there under the 3 previous layers of shingles that were there when we bought the house. There was a disclosure and we told them everything that we knew. They said if we didn't pay for half of the roof they were filing a lawsuit, and told the Real Estate broker that her reputation would be ruined and ours if we didn't pay and they filed a lawsuit. How could we gather evidence if it does go to court?

 

[HomeGuru]

If you disclosed the age, condition, entire history of the roof and specifically stated on the disclosure that the homeowner repaired the roof (unlicensed and inexperienced roofing contractor), then you are protected. That is your evidence along with the home inspection report.