What recourse do I have. I bought a house three weeks ago and now I find out it needs a new roof.

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What recourse do I have. I bought a house three weeks ago and now I find out it needs a new roof.

When I bought the house I saw signs of a roof leek. I was told the roof had been repaired and was OK. One week after I was living in the house the roof started to leek in the garage area. I called a roofer and was told the roof needed to be replaced. There was a lot of rot and soft spots. What recourse do I have?

Asked on June 17, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You probably do not have any recourse. You write that you saw signs of a leak; because you saw signs of a leak, you cannot legally rely on what you were told about the leak (that is, it is not reasonable to rely on what you were told), but rather were on notice that there was a possible issue. (And more generally, the roof is visible and can be inspected--it is not a hidden or latent condition--and so buyers are generally expected to inspect it if they have any concerns.) Therefore, by not addressing this pre-closing, you would generally be held to have bought the house with the roof in the condition it was in, and be unable to get compensation for it.


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