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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112764
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Due to the info provided in home disclosure, I bought this

Customer Question

Due to the info provided in home disclosure, I bought this home in TN without an inspection. Disclosure stated roof was 2-3 yrs old. After closing, I discover roof is actually 8 yrs old and needs to be replaced due to hail storm damage that occurred 4-1/2 yrs ago. I would not have made the offer I did on this house if I had know roof was this old. Our area suffered a major hail storm 4-1/2 yrs ago and 90% of home had to have roofs replaced. I contacted seller about roof condition. They said they purchased the home 2 yrs ago and their disclosure said roof was 1yr old. They also said they had a home inspection and nothing was noted about the roof. Do I have legal recourse to have seller pay a percentage of roof replacement cost?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the seller was truthful to the best of their knowledge in the disclosure and they can prove that they were told it was 1 year old AND their inspection was as they said, then you would not be able to win a case against them. The only way the seller is liable to you is if you can prove they intentionally misrepresented the status and condition of the roof and knew about the condition.
Thus, the seller would be liable to you only if they provided you a warranty. If they did not provide you a warranty and you cannot prove they intentionally misrepresented the condition and you waived inspection, generally they would not be liable to you in court. However, just because they would not be liable in court does not mean you cannot at least ask for them to contribute to the repair, but again, legally if they did not know about the condition at the time of sale and their own disclosures do not show what you claim, you would not be able to hold them liable in court.

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