Bogus Roof Inspection Reports

[mickeyh]

When we were in the process of buying our first house, the realtor said that the VA would not approve our loan unless we had a report that the roof would last 3 to 5 years. The realtor contracted an inspector, they paid for it, and the report said the roof would last 3 to 4 years. We found out later that the VA doesn't care about the roof, they only appraise the property itself. Well, 1 week after we moved in and it rained, it poured into our living room. The insurance adjustor and a roofing company that came out both said the entire back roof was bad, not just the valley area that the inpsector noted on his report. The realtor and inspector said we knew that the valley was in bad condition; it didn't say that, it only said needed maintenance. However when we had the valley patched, it still leaked into our living room. The roof inspection was inaccurate and ended up costing us over $2500 for a new roof. In addition, this same inspector did a house inspection. During that time I was present and he said we were getting a steal on the house, that it was worth at least $20,000 more than what we were paying for it and it was one of the better built house he had seen. The inspector also tried to solicit other business (he has siding, gutter and landscaping businesses also) while doing the house inspection. I feel this inspector was assisting the realtor in getting us to close on the house by "pumping up" the value of the home and providing an inaccurate report. Closing was contigent on these inspections.

Do you think we would have a case against the roof inspector and or the realtor if we went to court?

 

[Seminole]

Call the VA rep. They apparently didnt notice the report of roof valleys needing maintenance or they would have never allowed the closing to proceed. Through this error, the contractor (roof inspector) seems to have to taken advantage of the situation but your proof is covered over now. He may have downgraded the actual damage so it would pass to closing (theoritical)but you have no proof of it except your story and the fact it was in (writing??) that the roof would last another 4 years or so. That is about all you have to go on.
Check with the VA (the agent who processed your application). Spill your heart out with them and you may just get restitution without going to court. I would send a very assertive letter to the realtor and inspector as well just to make me feel better.
Good luck!
Seminole

-Im not a lawyer, but retired military and was in a similar situation years ago concerning termite inspection.

 

[Attorney_Replogle]

You have as good of a shot at recovering your lost money and inconvenience as I have heard. You may want to plan on using a small claims court or go through mediation. You can read up on both at this web site's main page. Just scroll down and you will see the BBS on them. Make sure you get in writing the testimony of the VA rep about the roof. Or at least prepare to subpoena someone from the VA to testify about that matter. Any more questions?

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Mark B. Replogle