If my husband and I purchased a repossessed mobile home about 9 months ago, do we have any recourse reading a badly leaking roof?

We recently had a horrible storm and our roof started leaking. By the end of all the bad wind and rain passed 3 days straight, the ceiling in one of the rooms is starting to come down due to water leaking in from the roof. Also, in another room a leak in the ceiling started and mold is now growing on that area. We called our insurance company and after they sent someone to inspect the roof and interior of our home. We were denied because they claimed the damage caused by the water was due to poor instillation and construction. Do we have any hope of it being the company we purchased the house from?

Asked on October 21, 2015 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The company you purchased the repossessed mobile home from would only be liable if
1 They knew about the problems e.g. the actual or potential leaks but knowing about it, still lied about the home's condition or state of repair--that could be fraud.
2 They actually caused the damage themselves in some way.
Otherwise, if they were not at fault in causing damage or covering it up/lying about it, they would not be liable.


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