Expert: Jessica Bryan - 6/11/2011

Question
Hi

I bought a house three years ago In my second year during the winter period a notice that most of my roof tiles are loose and that the roof was leaking very badly.I put a claim in,but it was re-jected.I tried to fix the leaks but everything was invaine.This year a submitted again a claim but my claim was re-jected the second time.

The first year I was'nt aware of the leaks because there was no rain.The bank insurance told me that they cant help me.My question to you is.Is it not the banks responsibility to check the structure of the roof and all eletrical stuff out before selling a house to a client?

Please advise me what to do because Im very desperate now.

Many thanks
Kenny

Answer
Dear Kenny;
I am not absolutely certain what the laws and practices are in South Africa; but I do know that here in the United States, when someone buys a house they have it inspected before buying it.  Then, if there are problems associated with it they can either walk away, ask the seller to fix these things or adjust the price to accommodate the cost of the repair.  All of this is done before the home becomes the buyer's home.  I also know that when a bank sells a house (due to a foreclosure) they make no representation about the condition of the house. They have not lived in the house and do not necessarily know its problems beyond what they can see.  In the U.S. there is a seller disclosure that is used but when a home is sold due to a foreclosure that disclosure is not used.  Even in a situation where the home has not been lived in by the seller such as a rental unit or when the home is sold by the heirs of a deceased owner; there is no representation of the condition of the property.  

Because of that the Buyer usually purchases a really good home warranty and excellent homeowner's insurance. Insurance policies, however, do not cover maintenance issues and roof leaks unless there is an event (such as a tornado, tree falling on the roof or lightening strike (for example) that causes the damage.

It is very similar to buying a car from a used car dealer.  Once you drive away; the car (and all of its problems) are yours.  So; if you want to be sure that the car is in good mechanical shape; you have it inspected first.  

I am truly sorry about your roof. At this point the only thing I can suggest is finding a good roofer who can fix it and pay him in installments.

Best wishes;
Jessica Bryan