Get Legal Help Today
Secured with SHA-256 Encryption
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 4 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.