By Barry Stone
Dear Barry,
While repairing a minor plumbing leak in my attic, I discovered fire damage at the rafters and beams. All of the framing is burnt black. First question: Is the roof structure safe? Second question: Do I have recourse against the sellers for not disclosing that there had been a fire? --Bill
Dear Bill,
The fact that the wood framing is blackened does not mean that it is structurally impaired. When fire damage in a building is repaired, blackened framing members are often left in place, if they are determined to be free of significant detriment. Hopefully, this is the case with your home. For a decisive evaluation in that regard, the framing members should be professionally inspected, preferably by a licensed structural engineer.
For further information, documentation of the fire and of repairs to the building should be available. In most instances where a fire has occurred, the local fire department will have a publicly accessible file pertaining to the event. Also, reconstruction and repairs would require building permits and inspections, also a matter of public record. You should investigate these sources to find out what is known about the fire and its aftermath. If you can obtain the names of contractors who performed the reconstructive work and the name of the insurance company that paid the bills, further details may also be obtainable.
As to the sellers' lack of disclosure when you purchased the property, you may find that the fire occurred prior to the time they owned the home, in which case, they may not have been aware that the fire ever occurred.
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