Who is responsible for siding that has started fall off a recently purchased the house?

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Who is responsible for siding that has started fall off a recently purchased the house?

When I purchased my home, I had an inspector do an inspection. The inspector revealed that nothing was wrong with the siding. However after a heat wave it was discovered that the siding had been painted (which voided the warranty). The siding has now become warped and is falling off the house. The TREC claims that he followed their guidelines (which meant he looked at it). Bottom line – the previous owners painted the house and the inspector failed to see that it shouldn’t be done. Who is responsible? I just purchased a home and will now be looking at a $18,000 bill to fix it.

Asked on February 17, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to get an attorney involved here to see how to proceed.  First, if the sellers represented that the siding came with a warranty that they knew "or should have known" had been voided by their actions you may indeed have an action against them for fraud or misrepresentation in the contract, assuming that the misrepresentation survived the closing (it depends on state law).  You also have to look in to the duties and responsibilities of the inspector and see if he breached that duty to you by overlooking what you claim to be is obvious.  It may be in your best interest to sue them both.  Good luck to you.


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