Expert: Derek Hamilton - 6/29/2010

Question
Hi Derek,
We recently sold our home conditionally. When the buyers conducted their home inspection the morning after a torrential rain storm they found that there was a potential leak in our roof - interior stain on the ceiling of the attic.  We have two roofs on our home, both have been replaced over the past year because of minor leaks in the past. Since it's a semi, any leaks could potentially be from our neighbours home which hasn't been maintained as well as ours.

From my understanding, if the buyers backs out given their findings and our home is relisted on the market, do we have to disclose the possible leak and findings of the home inspection to other potential buyers.  I am very confident that our roof(s) is sound and that the buyers are trying to squeeze every penny out of us.  Is there anything we can do, aside from putting a new roof, if the buyers back out and we have to relist?  Also, how  reliable is one inspector's opinion vs. another considering you sign a clause that they take no responsibility and it's their sole opinion based on what they see with the naked eye?  This whole thing smells fishy to me and I find it hard to accept some stranger's (inspector) opinion.  Any suggestions or insights would be helpful.

thanks in advance,
brian

Answer
Hi Brian,

Some Buyers will use the Home Inspection as a way to squeeze a little money from the Seller before they sign the Waiver. The idea of a Home Inspection is to give the Buyer a rough idea on the general condition of the property and what they might expect to deal with in the years to come. Most properties will have wear and tear.
Not all Home Inspectors are created equal. Some have 20-30 years experience and others are very new to the business. You could have had your own pre-home Inspection done yourself on your property?
If in fact you have a roofing problem or water leak you should always disclose this to any Buyers. Speak to your Lawyer and find out through your Real Estate Agent what the rules are in your Real Estate Board as they vary from Board to Board.
You may want to get a reliable Roofer over to inspect and repair the roof. Then get something in writing. Or take a few thousand dollars off the Selling price to firm up on the deal?
Good luck.
Derek