One too many roof layers
Q. The day after moving into our home, we learned that the new roof, installed by the seller during escrow, is in violation of the building code. In our area, only two layers of shingles are allowed. This is the third layer, a fact that was missed by our home inspector, the city building inspector, and the appraiser. Apparently no one climbed a ladder to take a look. The question now is who is liable for this roof? We hired a home inspector to find such defects but still ended up on the short end. What can we do?
A. As regards liability, let's go down the list. If the city building inspector passed the roof, the installation must have been permitted. If it was permitted and signed off by the inspector, either he did a slipshod inspection or he waived the two layer requirement. Building officials are empowered to make such exceptions. To resolve these uncertainties, here is what you can do:
Stop by the office of the city building department and ask to speak with the building official or an inspector. Ask the inspector how many layers of roofing shingles are allowed on a house. If the answer is two layers, ask if they ever make exceptions to this requirement. If the answer is no, ask if there was a permit for the recent roof installation on your home. If there was a permit, ask why the installation was approved when it was in violation of code. At that point, you'll have the inspector in check, but not in checkmate. Holding a municipal inspector liable in cases of negligence is nearly impossible. In fact, there is a section in the first chapter of the building code that specifically states that the building official is not liable for mistakes. This, of course, is an outrageous law, as well as a disincentive for quality inspections.
Securing a permit for the roof was the seller's responsibility. However, with or without a permit, the seller was responsible for code compliance. If the installation was done by a licensed contractor, code violations would be inexcusable. If an unlicensed person was hired to install the roof, the seller would be liable for the shortcomings of that person's work.
Finally, there is the question of home inspector liability. Your inspector was hired to discover defects that were visible and accessible. That would include the counting of roof layers. Inspectors who are truly qualified in their profession routinely count the total number of roof layers, when visible, and include that information in their reports. A home inspector's failure to report the presence of too many roof layers constitutes professional negligence.
At this point, the seller should be notified by certified mail that the roof was not properly installed and that someone should assume liability for this defect. The home inspector should be asked to revisit the property and address the omitted disclosure. If the municipal inspector declines liability, make an appointment to speak to one of the elected officials who heads your city. It may also be possible that you could obtain a judgment in small claims court for the cost of a new single-layer roof.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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