Who is responsible for a bad roof installation on a homepurchased 2years ago?

UPDATED: Jan 5, 2012

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Who is responsible for a bad roof installation on a homepurchased 2years ago?

We bought our house approximately 2 years ago and were told before purchase that the roof was only 5 years old. The home inspector prior to purchase never mentioned any issues with the roof. We have had issues starting about 6 months after purchasing the home. We have leaks, rotted wood and the edges of roof are badly damaged. We have had 2 different roofing companies inspect our roof and both said the roof was improperly installed and is not up to code. Basically we need a new roof or the problems will get worse. Who is at fault? Do we just have to eat the cost of a new roof?

Asked on January 5, 2012 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written it seems that liability with respect to the problems that you have with the roof would be upon the home inspector if he or she inspected the roof before close of escrow and saw no problems with it.

I would write the home inspector who inspected you roof a demand letter with an estimate for the new roof and wait a reasonable amount of time for a response. If you get no response or a response that is not acceptable, I suggest that you consult with a real estate attorney as to how you should proceed with respect to being compensated for costs that appear to have arisen from the home inspector's negligent inspection of the property before you bought it.


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