By Barry Stone
Dear Barry,
Our house is only five years old. When we bought it, the home inspector found no major issues. I pointed out a water stain on the garage ceiling, but it was dry at the time. When asked, the listing agent said he knew of no roof leaks. But since moving in, we've had major leakage with every rainstorm. A roofing contractor says the roof should be replaced, not repaired. Do we have any recourse, or do we have to pay for roof replacement ourselves?
- Scott
Dear Scott,
One would expect a seller to be aware of existing roof problems, especially when ceiling stains in the garage reveal a history of past leakage. Pertinent information regarding roof conditions should have been listed in the seller's disclosure statement.
The listing agent may have been totally unaware of any roof problems, but when asked about a ceiling stain, it would have behooved the agent to consult with the seller, rather than simply declaring ignorance of any problem.
The home inspector was responsible for disclosing defects that were visible and accessible at the time of inspection. Ceilings stains call for careful examination of specific roof areas, in addition to a general inspection of the roof overall. To clarify uncertainties in this regard, a meeting between the home inspector and the roofing contractor at your home should be arranged.
As a final thought: Replacement of a five-year-old roof is highly unusual. Before investing in that recommendation, a second opinion from another licensed roofing contractor would be a good idea.
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