Expert: Toni Yates - 10/27/2009

Question
We purchased a home in 2007, on the sellers diclosure it said that the house had a new roof....  we didn't feel the need to get an inspection because we assumed that new roof meant NEW.  Well not it leaks, and the basement leaks also, and what we were told was the attic access was really covering to a damaged piece of sheet rock that had been damaged before we bought the home.  Can I go back on the realtor or Seller for this?


Answer
Sorry for the delay in responding. I just got out of the hospital. Bottom line- what was in writing? Was it verbal or in writing? You need to look at it as a judge would. Misrepresentation IN WRITING would need to be proved. I doubt their realtor is at fault unless they knew they were lying and I'm disappointed your realtor didn't encourage you to get an inspection. Of course, it wouldn't hurt to contact the sellers or their realtor but as far as actually forcing them I fear your options are pretty limited at this point. You may want to check the small claims court procedures in your locale as well. Best of luck, Toni