Expert: Dick Dennis - 8/9/2006

Question
Hi, my wife and I trying to buy a house.  The inspection revealed a significant mold problem in the attic.  The basic problems seem to be that 1) the sellers have inadequate ventilation in the attic (no ridge vent), and 2) they also covered up their soffit vents with the attic insulation.  It turns out that, because of the mold problem, that the entire roof needs to be replaced.  Our agent tells us that we should offer to split the cost with the sellers, as we'll be the ones getting the benefit of the new roof.  I feel that the whole reason for the problem is because of inattention to the original ventilation problem in the attic, and that we should not have to bear any of that financial burden.  Is that a reasonable position for me to take?  What's your thoughts?  Thanks!!!

Answer
When buyers search for a house, Frank, THEY EXPECT the roof to be in livable condition. In fact, had they spent, say, $6,000 on a new roof prior to selling the house, you would have expected it. And chances are while they may have wanted to recoup that expense, they would have found the house difficult to sell because the price would have taken it above market. So, people expect the roof in good condition. Otherwise, they have a fixup house! If it is a fixup house, then the price should be lower so the buyer can afford to put the money into it without having bought a house that is ABOVE market.

So, I believe your agent is more concerned with collecting a commission than you having a house that is at market. So, you can add the 50% cost of that roof to the price you are paying for the house. If it totals a figure that is above the market price, then if I represented you I would not have you buy that house.

If the seller replaces the roof to what you would have expected if there was no mold problem, then you have an acceptable purchase.

I do wish you well, Frank.

Dick Dennis             dixiedee13@aol.com