A roof question...

[acverbeck]

State: Oregon

Question: I am selling my 12 year old home. The home inspection noted that the roof needed to be replaced. As part of our negotiations, we are exploring the option of splitting the cost of roof replacement with the buyer.

My agents indicated that in their collective 35 years of real estate experience, they had never represented a real estate transaction in which the buyer paid any part of roof replacement.

Is the seller always responsible for roof replacement?

 

[Ashley L]

reply roof

my disclaimer, I am not an attorney, I am a broker/owner, any advice i give is not nor intended to be legal advice, and is custom to the state of wisconsin.

the answer is simple ( NO )
regardless of what your agents are telling you, if the terms of the contract states that both buyer and seller are to pay for the roof that is fine .
if you both agree to this there is no problem.

now if the buyer doesn't agree to this, then you would generally be responsible.
but, do you have to fix the roof simply put no,
if the condition report states that the roof needs repair and the buyer is willing to accepts it as that then you would not need to fix it.
however you might not sell the property with a bad roof.
and the buyer can back out of the purchase.
what you need to look at is the offer worth fixing the roof.
if you think about the consiquenses, i would sujest fixing the roof.
and not loose the buyer.

 

[faithandhope]

And if that buyer backs out, you then have to disclose the condiditon of the roof to the next potential buyer and change it on your property disclosure along with any other items. Best of luck.

 

[acverbeck]

Re: reply roof

my disclaimer, I am not an attorney, I am a broker/owner, any advice i give is not nor intended to be legal advice, and is custom to the state of wisconsin.

the answer is simple ( NO )
regardless of what your agents are telling you, if the terms of the contract states that both buyer and seller are to pay for the roof that is fine .
if you both agree to this there is no problem.

now if the buyer doesn't agree to this, then you would generally be responsible.
but, do you have to fix the roof simply put no,
if the condition report states that the roof needs repair and the buyer is willing to accepts it as that then you would not need to fix it.
however you might not sell the property with a bad roof.
and the buyer can back out of the purchase.
what you need to look at is the offer worth fixing the roof.
if you think about the consiquenses, i would sujest fixing the roof.
and not loose the buyer.

Thanks for the reply.

I was surprised by the roof replacement in the inspection, but have already started the process. If the offer was better, I could see saving the deal. But, the offer is near my "rock bottom price" and the buyer wants to take possession on 5/1/2002. This leaves me very little time to complete the roof. In addition, the rest of the inspection list hasn't been addressed at all. Sometimes you just have to walk away...

 

[acverbeck]

And if that buyer backs out, you then have to disclose the condiditon of the roof to the next potential buyer and change it on your property disclosure along with any other items. Best of luck.

Thanks for the reply.

I will remember that.

 

[acverbeck]

Post script

The deal ended up falling apart.

We (seller) agreed to change the roof. The buyer wanted to select the contractor and the materials. He also wasn't willing pay any additional expense above our current bid. I suggested that we have him pay the difference, my wife suggested a budget. All to no avail.

We did learn a lot. And, we are going to change the roof. We will be better prepared on the next offer.

 

[HomeGuru]

Chances are the property will have a better chance of selling with the new roof.
You may also want to repair any of the other items that a Buyer would want repaired.
Good luck to you.

 

[acverbeck]

Thanks for the note.

It's interesting. When the house was built the contractor / owner thought it would be great to get away from these natural materals that rot so fast. So, he picked LP siding and WoodRuf roofing. Both of which are now in class action.

It's cost me $27,0000 to learn this. And they say ignorance is expensive....

 

[HomeGuru]

Thanks for the note.

It's interesting. When the house was built the contractor / owner thought it would be great to get away from these natural materals that rot so fast. So, he picked LP siding and WoodRuf roofing. Both of which are now in class action.

It's cost me $27,0000 to learn this. And they say ignorance is expensive....

**A: Yes, the hardboard siding material and the Masonite Woodruf shingles are crap.
Beware of the JW Hardie roofing shingles Hardishake, Hardislate etc. and Cemwood as these roofing shingles are also crap.
Did you file a claim under the class action settlement against each manufacturer?
www.badsiding.com
www.sidingclaims.com
www.sidingsolutions.com
www.masoniteclaims.com

 

[JETX]

Re: Post script

The deal ended up falling apart.

We (seller) agreed to change the roof. The buyer wanted to select the contractor and the materials. He also wasn't willing pay any additional expense above our current bid. I suggested that we have him pay the difference, my wife suggested a budget. All to no avail.

We did learn a lot. And, we are going to change the roof. We will be better prepared on the next offer.

If it is of any consolation, it is likely that the lender would have required the roof to be repaired as a condition of the loan. Even if the buyer had accepted the roof.

You are smart in getting it repaired.

Finally, before you remove the old roof:
1) Take LOTS of pictures, video, etc. showing the condition.
2) Try to get a written statement of condition from the 'new' roofer
3) Save some of the roofing materials (covered under the suits)
4) Gather as much documentation you can on the original installation (manuals, etc.).

All of these could go a long way to establishing your involvement if you decide to join the class-action.