Are Sellers Responsible
For a Faulty Roof?

Question: I live in the state of Washington, where I purchased a house 13 months ago. When I bought the house, I was told (and it was disclosed) that the roof was only a couple of months old (the second roof was installed over the existing roof ). The inspection report revealed a few problems, which I asked to have repaired. The biggest concern was the flashing around the chimney needed to be replaced. I was told that a roofer was coming out (that weekend) to repair it. Now, 13 months later, I've discovered I have a leak in that flashing that was supposedly replaced. Upon further investigation, I'm told that the entire roof was improperly done and I need a whole new roof.

I contacted the sellers to find out if the roofing company could be held responsible. I was then told that they never actually hired a roofer. They had replaced the entire roof themselves, then "repaired" the flashing without consulting a roofer.

I'm having either a roofing inspector or a home inspector come out to inspect the entire roof, just in case I need some legal proof of its defects. I'm really irritated and upset that I bought a house on the understanding that it had a new roof and I wouldn't have to pay for replacement for several more years. Do I have any recourse against the sellers (or real-estate agent)?

Answer: Your letter illustrates why it's so important to pay attention to details in the purchase agreement. When having work done to a roof or anything else, it's always important to specify that the work must be done in a competent manner up to accepted professional standards. It's a good idea to even specify that it must be done by a professional, not the home owner.

When it comes to work that was recently done (and sometimes not so recently), it's also a good idea to request copies of the building permit and the contractor's agreement. You're within your rights to ask to see these. Of course, hindsight is always better, but if you had asked for these, the sellers would have said they did it themselves and this would clue you into asking for a roofing inspection.

For your existing problem, the sellers should have told you they did the work themselves. If both the seller and agent won't do anything for you, your last resort is to contact an attorney. Ask if there's recourse against the seller for an implied warranty. Keep in mind, though, the sellers did tell you that the home had a new roof, which it did, and they may not have known it was put on wrong (if indeed it was). And the agent may have relied on the seller's statement.

Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent book is "Tips & Traps When Buying a Condo, Co-op or Townhouse," (McGraw-Hill, 1999).

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Suzanne, Seattle

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