<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Although you failed to state whether in
fact the roof is new, the buyer relied on
your disclosure that the roof was
replaced and 1 year old. When you used
the words and terms "replaced" and "age 1
year old" the buyer ( even as a real
estate broker) would have the
understanding that the roof was replaced
new and is 1 year old. You as the seller
had a duty to the buyer to disclose the
exact and complete details on where the
roof leaked, what was done to fix the
problem, methods and areas of repair or
replacement, was the entire roof replaced
or only certain sections, was the roof
framing/system replaced or only the roof
covering, was roof sheathing, flashing
etc. replaced or just the roof covering,
who did the work: homeowner/seller,
handyman or licensed and/or professional
experienced roofer, what are the terms of
the warranty if any etc. You would have a
defense only if you disclosed everything
about the roof ie. specified exactly the
locations of the leaks, that the roof was
not a new roof, exactly what areas were
replaced, how and by whom, the roof is
sold in as-is condition and you give no
warranties as to the condition. If you
have this agreement in writing then you
may be protected. It appears in this case
that your disclosure was ambiguous and
not full and complete. If the current
leak is in the same area as the old leak,
then it may be established that the
corrective replacement was defective. <HR></BLOCKQUOTE>
My response:
Welcome to the fray, HomeGuru ! Nice to have someone like yourself here, and especially with your background. The above answer is not only terrific, but very understandable.
Again, welcome.
IAAL
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