Expert: Jim Root - 12/1/2007

Question
I purchased a home 18 months ago, I had a home inspection etc.  After closing and watching the neighborhood for the last 18 months I have seen numerous roofs replaced.  Upon enquiry I am told that it is due to hail damage from a storm that occurred the April prior to my purchase in July.  The realtor that listed the home lives across the street and has had her roof replaced and the my realtor that worked for the same company and lives in same area also knew of the storm.  I have roof damage from the storm. There was nothing disclosed regarding the storm or the numerous houses with damage prior to closing. Do I have recourse?

Answer
Hello Sheila--

You say you have damage to your roof from a storm that occurred nearly 2 years ago? Further, you state that the previous Owner, the Realtors involved, and your now-Neighbors "knew of the storm." And, further "There was nothing disclosed to you regarding the storm or the numerous houses with damage prior to closing!"

While it is true that most States have a "Full Disclosure Law" that requires parties to a Real Estate transaction to disclose all known defects, deficiencies and/or problems associated with the Real Property involved,the answer to your question "Do I have recourse?" can only be answered by an Attorney who has all the details of your situation and can determine if the Local, Regional and/or State Laws can be applied in your best interests!

I'm not a Lawyer, so my response here is not to be taken as valid "legal opinion or advice!" I offer it only to help you prepare for a visit to an experienced & licensed Real Estate Attorney in your area.

With "Full Disclosure Laws," the key to success seems to be:
(1) in proving that certain circumstances, events, conditions, etc, actually contributed adversely/negatively to your purchase
and
(2)were known to be "problems" to one or more parties to the sale.    

In your case, the actual age of your roof & the predominant age of roofs of all homes in your neighborhood
combined with the actual "life expectancy" of your roofing material (ie.Was it a 15-, 20- or 30-Year Roof?)may raise questions about whether or not your current damage can be attributed to the storm of nearly 2 years ago.( or was it just needing repair or replacement because of its age?) Another possible "hurdle" may be the fact that you had a Home Inspection done before closing the purchase & based on that inspection you accepted the property "as-is!" ( The question may come up "If there was damage to the roof from a recent storm, why didn't the Inspector you hired find & report it to you?) As for the Seller & Realtors knowledge of & failure to disclose, be prepared for questions regarding their appropriate behavior with respect to notifying you about a storm that may or may not have caused damage to the roof--and that they may or may not have known was a problem!

So...speaking of "may or may not"s, you may or may not "have recourse," Sheila! You need to see an Attorney & together with him/her  determine whether or  not you can prove that your damaged roof resulted from the storm,that you should have been made aware before closing & that one or more of the parties to the transaction-- the Seller, the Realtors, the Appraiser, the Home Inspector-- is "liable!" Then "go from there!"

Sorry I couldn't be more definitive with my answer, but I hope I've started you off in the right direction to get this issue resoved.GOOD LUCK--JIM