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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27615
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I purchased a home in June 2016. After a thunderstorm I

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I purchased a home in June 2016. After a thunderstorm I noticed the eave hanging down on one corner of house. Upon further investigation undisclosed roof issues were discovered and was told I needed a new roof on one side of home. I had hired an inspector before closing of home. I found out later he had not gone on top of roof to check it. I feel the seller should have disclosed the roof issues and the inspector did not do the job he was paid to do and should have found the problem. There were other small issues as well however when the seller accepted my offer it was as is. Do I have a case and is it worth pursuing?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Do you know if the scope of the inspection included the roof? In the report, it should have stated and disclaimed what, if anything, was done, based upon access to it?

Customer: replied 10 months ago.
the roof was part of the inspection. The inspector stood on the ground and looked up at the roof with binoculars. The seller stated that no repairs had ever been done to the roof yet there were nails in the roof and staples all along one edge causing it to leak between the inner and outer walls. The garage roof had nails working their way out as well. There were other things not told by the seller but this was the most costly.

Great to hear back from you and thank you for the reply. In a situation like this, you could have a possible cause of action and go after one or both of the parties. I say this because if the seller was asked and failed to disclose roof issues, then they would be liable for a breach and lying on the disclosures. If they knew there were issues and were required to disclose them or made statements and representations to show and indicate there were no issues, then you could go after them. In addition, if the inspector breached their duty of care and failed to properly inspect the house, according to what they were required to do, this could also be an issue. You shared that the report included the roof and if this was something which they should have seen if they properly performed the inspection and failed to do so, they could be liable as well.

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