Expert: Dick Dennis - 10/15/2009

Question
I live in Missouri and closed on my new home on October 6, 2009. On October 8, just 2 days past, actually in the middle of a rain storm, realized the roof was leaking all into our living room. Luckily my fiance is an experienced roofer and patched it. I did call my realtor right away and he called the selling realtor. After the selling realtor spoke to the 5 sellers of the home, she informed my agent that the sellers did not live in that home to even be aware of the leak and they do not claim responsibility. Well, that statement made by the selling agent totally contradicted what the "seller's disclosure statement" stated. On the disclosure form it states the sellers occupied the property for the past 42 years in which continuously for the past 12 months. Also, put on the disclosure that there was no knowledge of any roof damage or leaks.

Would the seller's statement void the real estate contract since they lied on the disclosure statement?

Answer
Unless you are looking for an excuse to move out of your new home, Ann, the best way to do this is to PAY for the repair (your labor does not count) and ask the sellers to pay for the work completed based on that cost. If they don't, then take them to small claims court since the costs will no doubt be less than the small-claims court limits.

You certainly have the evidence. Since you are in the process of discovering their lying, you might just as well do a complete look-around to see if there is anything else that should be repaired. I get the impression you may not have hired a home inspector before you closed on your purchase. Had you done that, you may not have had to worry about this situation today. Leaky roofs are probably the sneakiest of problems in homes, especially one that is just sold.

Their agent should have encouraged them to include an explanation of how they actually did not live in the house, etc. etc. There really is no point in pursuing cancelling your purchase because you would have to hire an attorney and that attorney would address what I have basically have addressed here. Just give the sellers the opportunity to pay for the cost of your repairs. If not, to small claims court you go. That's simple enough. I do wish you well.

Dick Dennis
dixiedee13@aol.com