Seller lying on Disclosure

[home65]

Kansas- We purchased a home in June 2008. The homeowner had the house pre-inspected and had stated that all issues the inspector found were repaired. Specifically, the skylight in the guest bathroom had shown appearances of leaking and she indicated that there had been repairs in 2007-2008. All appeared fine upon our inspection yet after taking possession when it rained the skylight leaked. I called the construction company that the previous owner stated had repaired and they stated that they had been out there several times trying to fix the leak as cost effectively as they could. When the skylight continued to leak they told the previous homeowner they need to re-roof that area because it wasn't done properly before. The homeowner chose not to fix the problem and just painted over the leak damage.

Do we have any recourse to sue this previous homeowner to pay for the problem to be fixed?

 

[HomeGuru]

Kansas- We purchased a home in June 2008. The homeowner had the house pre-inspected and had stated that all issues the inspector found were repaired. Specifically, the skylight in the guest bathroom had shown appearances of leaking and she indicated that there had been repairs in 2007-2008. All appeared fine upon our inspection yet after taking possession when it rained the skylight leaked. I called the construction company that the previous owner stated had repaired and they stated that they had been out there several times trying to fix the leak as cost effectively as they could. When the skylight continued to leak they told the previous homeowner they need to re-roof that area because it wasn't done properly before. The homeowner chose not to fix the problem and just painted over the leak damage.

Do we have any recourse to sue this previous homeowner to pay for the problem to be fixed?

**A: why did you not hire your own home inspector? Did the Seller disclose the skylight issue? Where is your Realtor?

 

[home65]

We did have someone with us at the time that looked through the inspection report and determined everything appeared in order after looking at the items that had been repaired. They would have to peel back the roof to see what the Contractor is talking about and I don't know any inspector that would be doing that kind of inspection. The seller did indicate on the disclosure that the leaking skylight had been repaired. When I called the contractor to see what he last did to correct it that's when he told me that the last time he was out there to fix it the owner chose not to fix it and then just painted over the damage.