Home inspector didn't disclose leaky roof
Q. Before I bought my house, several friends said, "Don't buy a place with a flat roof. You'll have leaks." But I didn't listen. I figured that a home inspector would let me know if the roof was OK. Well I hired a home inspector, he said the roof was OK, but one month after moving in, it rained and the leaking began. The inspection report says that the inspector cannot report future problems such as roof leaks. My friends say I should sue him, but that's not what I want to do. What is your advice?
A. The purpose of a home inspection is to report defects that are visible and accessible at the time of the inspection. A home inspector cannot always predict future roof leakage, but defects that are likely to cause leaking or that indicate past leakage should be reported. Therefore, the big question is, "Were there any roof defects that your home inspector should have seen and reported to you?" If so, he is liable for nondisclosure of significant visible defects.
To answer this question, you should have the roof reinspected by a licensed roofing contractor. If you are able to go on the roof yourself, you should accompany the contractor so that you can see any defects that he may find. If there are conditions that the home inspector should have disclosed, such as damaged or deteriorated roofing or improperly installed materials, such as flashing, then the home inspector should be called to account for his lack of disclosure.
On the other hand, there are times when a roof appears to be in perfect condition, yet leaking occurs when there is rain. If that is the case, the home inspector may not be at fault and may not be liable for repairs. Either way, you should notify your home inspector that this problem exists. He should have the opportunity to explain the lack of disclosure and possibly to accept some liability.
Q. We are moving out of state to a city where most of the homes for sale are very old. There are some new subdivisions, but the newer homes are more expensive. We have reservations about the maintenance issues with older homes. What advice can you give us?
A. Older homes usually require more maintenance than new ones, as one would expect, but there are many exceptions. For example, an older home that has been well-maintained or has been extensively remodeled by skilled and competent workers will probably have fewer maintenance needs than one that was newly-built by a mediocre contractor. That is why evaluation by a qualified home inspector is essential.
People who buy new homes often assume that a home inspection is not even necessary. This is a mistake that many homebuyers come to regret. Therefore, try to find out who are the most thorough and qualified home inspectors in your area. Call a few real estate offices and ask which inspectors are known to be the most thorough. Tell them you want "the deal breaker."
• 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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