There is a problem with the roof of my new home that the former owner didn't disclose. Do I have any legal recourse?

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Question:

There is a problem with the roof of my new home that the former owner didn't disclose. Do I have any legal recourse?

Answer:

When you purchase a new home, if the seller knowingly does not disclose a problem with its condition or did not let you know the property was a stigmatized property, you have plenty of legal recourse. Not only can you likely make the seller responsible for the repairs, but you can also possibly sue him or her for falsifying a contract if there was a disclosure document signed (and the issue was deliberately left off of it).
 
Real estate transactions such as home purchases fall under contract law in most cases, and you should be able to file suit if need be to recover your damages. However, you shouldn't jump straight to a lawsuit. Ask yourself a few questions first:

  • Was there an inspection done on the home?
  • Was the information disclosed by the inspector (to you or the seller)? Did the inspector find the problem?
  • Do you have proof that the seller knew about the problem?

If it seems clear to you that the seller deliberately let the problem slip under the radar, your first step should be to try to get him or her to cover the repairs. Move quickly and call in an estimator to give you a good idea of how much the roof problem will cost. The sooner you do this, the better, since the seller may argue that the condition did not exist at the time of sale. An estimator or a roof repair person should be able to tell you the nature of the problem and perhaps help pin down a time frame for it. Once you have an estimate, call up a real estate or contract lawyer and ask him or her to help you write a formal letter to the seller, asking for payment of the work and explaining the situation. The letter will need to be certified with proof of receipt. 
 
Depending on the response the seller gives you, you may or may not be in for a legal battle over the contract. A good lawyer will be able to guide you.

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