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Policy Canceled Over Roof Defects

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By Barry Stone

Dear Barry,

No one disclosed the roof problems when I bought my house. Instead, the seller hired a roofing contractor to do an inspection. The contractor issued a two-year roof certification, stating that the roof was "watertight." But untold problems were concealed behind that comforting word. I've now learned that the roof has many damaged shingles, some of which were repaired with metal patches. My insurance company discovered these defects and is threatening to cancel my policy unless the roof is replaced. Had I known of these conditions, I would have insisted that the sellers make repairs. A year has passed since the sale. What are my options? - Laurie

Dear Laurie,

A roof inspection should do more than merely provide a certification against leakage. It should make full disclosure of all significant defects, including an assessment of the installation, an estimate of age, a description of apparent wear, a list of specific material defects, and details regarding past repairs. Your home inspector, assuming that you had a home inspection, should also have disclosed these conditions.

The insurance company, however, should not be the final arbiter of the roof's disposition. Their demands may or may not be founded on reliable information regarding the roof's condition. Instead you should obtain at least two independent evaluations by licensed roofing contractors to determine the general state of the shingles and whether repair or replacement is needed at this time. And since you relied upon the certification provided by the sellers, their roofing contractor should be asked to explain the lack of pertinent information in that report. Finally, you should notify the sellers that the condition of the roof is not as they had disclosed prior to the sale. They may bear some liability in this regard.

Copyright 2006 Barry Stone. Distributed by Inman News.

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