Home inspectors are usually able to evaluate roof
Q. When we bought our home, the seller said the roof was new, and our home inspector said the roof was OK. But he only inspected it from a ladder, not by walking on it. When the rainy season came, we had leaks. So we called a roofing contractor and he found two problems. The flashing was improperly installed, and the plywood under the shingles was rotted in several places. This means the new roof was not properly installed, and the rotted wood was not replaced before the new shingles were installed. So now we have two questions. Should our home inspector have gone up on the roof to do his inspection? And do we have recourse?
A. It is not possible to do an comprehensive roof inspection without actually walking on the roof, and there are only four acceptable reasons for a home inspector not to walk on a roof:
• When adverse weather makes the roof slippery.
• When the roof is too steep to walk safety.
• When the roof is too high for the inspector's ladder.
• When the roofing is fragile and likely to break underfoot.
Unless one of these conditions applies, the inspector has no reasonable excuse for not walking on the roof. Failure to do so is professional negligence, exposing the inspector to financial liability for unreported defects.
If the flashing on your roof was improperly stalled, that was most likely an observable defect that would have been discovered by a qualified home inspector walking on the roof. The rotted plywood, on the other hand, may not have been discovered because it was concealed beneath the shingles. However, if the inspector had walked on the roof, he may have noticed softness when stepping on rotted areas.
Another way the rotted wood might have been discovered was by inspecting the attic, which is also normal procedure during a home inspection. However, if the rot was located in an area of the attic that was not accessible, or if your home has vaulted ceilings instead of an attic, this could have been missed, even by a competent home inspector.
You should contact your home inspector and request a review of your roof to see what he has to say about these new discoveries.
The person who installed the shingles also bears some liability for not having repaired the rotted portions of the roof structure and for not having installed the flashing correctly. If the installer was a licensed roofing contractor, the roofing company should also be contacted. If the installer was the previous owner, that person may also be liable, especially if the roof replacement was not permitted.
Q. We are planning to sell our home and are worried about disclosing the buried oil tank in our backyard. What is the best policy, to mention it or to let sleeping dogs lie?
A. In today's litigious society, failure to disclose is one of the riskiest things you can do. Whether you look at it from a moral or legal position, disclosure is always the best policy.
• 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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