Re: Who's responsible for hail damage occurring between inspection and closing?
- From: aa966@xxxxxxxxxxxxxxxxxxx (Natalie Munro)
- Date: 13 Sep 2006 17:03:19 GMT
The sellers should cover the damage. If their insurance won't pay, that
is not your problem. You bought the home in good faith in a certain
condition. You can expect 'reasonable' wear and tear between the time of
purchase and the point of closing, but the sellers are responsible for any
major changes in condition.
If the condition is such that a professionally inspected roof went from
peachy keen to burnt toast, then I can't imagine any judge in any small
claims court not awarding you the cost of a new roof. Judge Judy comes to
mind ...
We get hail here in Ontario, too, along with vast extremes in temperature
and I have never, ever heard of a perfectly good roof being damaged by
hail. Wind can occasionally cause some damage, but the hail would have to
be the size of 'seen on CNN' to do that kind of damage.
I hope that you initially had your roof inspected by a professional home
inspector, and I hope that's who you had do the post-hail inspection. Two
inspections from the same person would have more impact if you have to sue.
user (Rich@xxxxxxxxxxxxxxx) writes:
On 13 Sep 2006 08:17:15 -0700, Jodi.Familo@xxxxxxxxx <Jodi.Familo@xxxxxxxxx> wrote:
We bought a house in April 2006. Prior to closing we had the home
inspected. The home was inspected March 11th. At that time, the
inspector told us that the roof was in excellent house and probably had
many years left (the house is only 5 years old). Between our
inspection and the time of closing there were hail storms in the area.
(We think they occurred the day AFTER our inspection, March 12th). We
lived in another state and knew nothing about the storms.
Now fast forward several months later. We are enjoying our new home
immensely. We have noticed all of our neighbors getting new roofs.
When we ask why they tell us that there were major hail storms that
caused some damage to their roofs. In a sense of caution we get our
roof inspected and are told that we have hail damage and need a whole
new roof which will cost over $5000. I've talked briefly with our
insurance company about the situation. They say that they probably
won't pay for the damage because we didn't own the home/have insurance
with them at the time of the damage.
Can we go back to the sellers and get their insurance to pay for a new
roof? Is this something that the sellers should have disclosed prior
to closing? Who is responsible for damage that occurs between
inspection and closing?
How many inspections did you get?
After any hailstorm, roofing contractors descend on neighborhoods
like flies, attracted by the prospect of easy money, since most people
will have insurance that will cover a roof replacement. So, of course,
your "roof will need to be replaced."
Try getting some other evaluations, state your lack of insurance coverage
situation right up front, and then see what they say. Of course, you'll
still probably be told that the roof needs to be replaced, but it
would be interesting to see a comparison.
- Rich
--
Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam.
.
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