IfI purchased a home 2 years ago and now the roof needs repair, who is responsible to pay for it?

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IfI purchased a home 2 years ago and now the roof needs repair, who is responsible to pay for it?

I purchase my house about 2 years ago. I just noticed that their is a big dip in the center of the roof (not leaking as of yet). When I purchased the house the paperwork said that a new roof was installed (I think they did the work themselves). If my insurance company won’t pay to replace or repair my roof, can I sue the person who sold me the home?

Asked on November 14, 2010 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You could only sue in a situation like this if the person committed fraud in some fashion. For example, say that it's an old roof and they lied about putting in a new one--that would likely give you a cause of action. Of if they knew there was a leak and just "papered it over"--i.e. they deliberately patched it in an inadequate fashion while representing that there had been a normal and adequate repair or replacement. However, if they didn't lie--if they simply weren't themselves aware of the extent of the problem, or if they did a repair in good faith that just didn't quite work, then there would be no liabilty. So you would need to establish some mistrepresentation, lie, deception, etc. on the seller's part in order to possibly establish liability.


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