Homebuyer has roof dilemma

Posted12/19/2021 6:00 AM

Q: The home I'm buying has an old shingle roof. There are no signs of leakage in the house, but my home inspector said the roof will probably need replacement in about three years. Is this a good reason to force the owners to replace the roof? If so, how can I convince them to do this?

A: Homebuyers typically make repair requests in the aftermath of a home inspection. The process is a matter of negotiation, rather than a demand for mandatory repairs. This means you can ask, you can cajole, you can wax eloquent in soul-rending exhortations of hopeful persuasion. You can couch your hopeful urgings with well-intended smiles and a politely stated "pretty please." Or you can hold a pair of deuces close to your chest, while staging a well-affected bluff. But in most cases, you cannot force sellers to affect repairs contrary to their wishes.


Standard procedure, upon receipt of an inspection report, is to submit a formal wish list to the sellers and then bargain as persuasively as you are able, in hopes of obtaining some concessions. But you cannot require sellers to perform beyond their obligations under the purchase contract. If the contract stipulates that roof defects must be addressed before closing escrow, then you might have a legal basis for demanding roof replacement. Otherwise, all you can do is ask. If the sellers refuse, you can cancel the contract or buy the home as-is.

Most purchase contracts are contingent upon buyers' acceptance of the home inspector's findings. If a roof with a three-year life expectancy is not acceptable to you, then cancellation of the transaction is a contractual option.

In most cases, a roof with three remaining years of serviceability does not warrant canceling a purchase, but every situation has its own considerations. Given these choices -- negotiate, buy as-is, or cancel -- you'll need to weigh the value and desirability of the home against the projected long- and short-term costs, in the context of your own financial position.

Q: I'm planning to convert my garage to a small guest unit, with a bathroom and kitchenette. Does this require a building permit?

A: Conversion of a garage to additional living space definitely requires a permit. According to the building code, a permit is required if you "construct, enlarge, alter, repair … or change the occupancy of a building …" In the case of your garage, you are planning to "alter" and to "change the occupancy."

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Additionally, permits are required if you "install … any electrical … or plumbing system …" The construction of a bathroom and kitchen would therefore also necessitate a permit.

An additional consideration that will require building department approval is whether conversion of an existing garage to a living unit complies with the zoning requirements and restrictions in your neighborhood. In some areas, garage conversions are summarily disallowed. Some homeowners, after spending thousands of dollars on such conversions, have been forced to restore their garages. Although the permit process is not fun, conforming to local requirements can avert significant financial loss.

• 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.

© 2021, Action Coast Publishing

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