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We purchased a home last October which in the disclosure states…

We purchased a home last...
We purchased a home last October which in the disclosure states a known structural leak in roof. This leak was noted as repaired. Shortly after moving in roof started leaking and mold actually grew mushrooms on ceiling.
Realtor checked to see if the one year insurance covered. It did not , the realtor referred contractor which found extensive damage which took 10,000 to repair.
Both of us , did have home inspections.
Is there any responsibility from the seller to pay for this repair or at very least split the cost?
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Answered in 17 minutes by:
5/17/2015
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,506
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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This leak was noted as repaired. That was an obvious misstatement, but the owner could be entitled to rely upon his former contractor who did the repairs for that statement. But two inspectors should not have missed what had to be an ongoing problem over a long period of time. Your cause of action for the cost of repairs would be against the former owner and your own inspector. You cannot sue the owner's inspector. It would be best to consult a real estate attorney who also handles litigation as soon as possible.
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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,506
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified
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Customer reply replied 2 years ago
Thank you for the rapid response and what is the reason for not being able to sue his inspector
There is something in the law called "privity of contract", which often prevents an outsider, such as you from suing someone who was contracted to work for another person. In other words, the owners inspection was for his benefit, unless it was agreed upon that his inspection was to satisfy the inspection clause of your purchase agreement. If it was, then, that inspector may also be liable to you. I hope this clarifies my prior answer.
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Irwin Law
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Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,506
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Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.

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