IfI purchased a home 2 years ago and now the roof needs repair, who is responsible to pay for it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

IfI purchased a home 2 years ago and now the roof needs repair, who is responsible to pay for it?

I purchase my house about 2 years ago. I just noticed that their is a big dip in the center of the roof (not leaking as of yet). When I purchased the house the paperwork said that a new roof was installed (I think they did the work themselves). If my insurance company won’t pay to replace or repair my roof, can I sue the person who sold me the home?

Asked on November 14, 2010 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You could only sue in a situation like this if the person committed fraud in some fashion. For example, say that it's an old roof and they lied about putting in a new one--that would likely give you a cause of action. Of if they knew there was a leak and just "papered it over"--i.e. they deliberately patched it in an inadequate fashion while representing that there had been a normal and adequate repair or replacement. However, if they didn't lie--if they simply weren't themselves aware of the extent of the problem, or if they did a repair in good faith that just didn't quite work, then there would be no liabilty. So you would need to establish some mistrepresentation, lie, deception, etc. on the seller's part in order to possibly establish liability.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption