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We closed on our home 5/31. A week ago a roofer discovered hail damage to our
roof, most likely from a storm in April and unfortunately after our Inspection.
Is there any way we can ask the previous owner to purchase a new roof via their
insurance due to the hail damage??
Asked on June 20, 2016 under Real Estate Law, Missouri
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A home seller is responsible to keep the home in the same condition that it had been after the inspection, up to the time of closing. If the seller did not, you should be able to sue the seller for breach of contract--for not selling a home in the agreed-upon condition--in order to recover the repair costs. The seller's insurance may or not pay, depending on their exact coverage, etc.; but you don't go after their insurance (since their insurer is *their* insurer, not yours--the insurer owed a duty to the seller, not to you) but rather sue the sellers themselves. The seller would have to pay if you win, but may be able to get reimbursement from their insurer.
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