Buying or Selling a Home/Roof leak


I am purchasing a condo, the homeowners association is responsible for fixing roof leaks. Upon inspection by me, we saw a stain in the closet ceiling from a water leak. We asked the owner about it and they never noticed it, so they fixed the ceiling. The realtor told me to ask the property management company if a leak had ever been reported, they said no. I signed a contract and it is "as is" in Florida, after the inspection period has ended. So now they tell me they are not responsible for damage from the leak. we are set to close on Dec 5th. Wasn't the homeowner required to notify the HOA to come and repair the leak, since they are responsible to fix it?

Hello Susan,

I'm so sorry for the situation you find yourself in!

Seems to me that the HOA docs should be reviewed to determine the answer to your question.  

However, I must tell you that you may be liable for the repairs since you signed the contract after discussing the leak with the HOA and learning that it had not been reported.  I'm not an attorney but I wouldn't think you have a case under these circumstances you described. Sorry!

Buying or Selling a Home

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Kerrin Kostelic, FL Broker Associate, GRI, AHWD


Let me know if you need help with any of following type questions: How to choose a great agent? Why do I need to hire a Realtor? What does "agency representation" mean in Florida? How does a Realtor get paid? What do I need to do to get my house ready for sale? How important is pricing in getting my home sold? What if I'm under water in my current mortgage? How do I go about getting a loan? Please keep in mind that I cannot give legal nor financial advice as I am not licensed for either of these activities. In addition, real estate law changes from state to state; I am licensed in Florida only so that is specifically my area of expertise. If it is a more general real estate question, feel free to ask away!


I have been a full time real estate licensee in the State of Florida since 2000 and received my brokers license in 2005. I have helped 200+ clients and customers buy and/or sell a home, condo, or vacant property since that time. I continue to educate myself in my field taking numerous courses on financing, negotiating, contracts, Fair housing, construction, all in order to become a better professional.

National Association of Realtors Florida Realtors Pensacola Assn of Realtors Leadership Pensacola class of 2008 Gulf Coast Search and Recovery, K-9 Inc -- volunteer, handler in training, & Secretary/Treasurer

BA in Social Sciences/Language Arts with Elem. Education certification--Univ of Michigan, 1993 Real Estate licensee in FL -- Oct 2000 to present Graduate, Realtor Institute, Nat'l Assn of Realtors -- 2004 Broker Associate, FL -- 2005 At Home with Diversity designation, Nat'l Assn of Realtors -- 2009

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