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Default the roof is leaking in my new house, who's responsible? the inspector?

Hi, i'm just having a hard time figuring out who is responsible for the

leaky roof. I really hope someone can help me on this.
The situation is like this...

We bought a house (about 7 years old) in Surrey, BC, and moved in about

4 weeks ago(at the end of October).
We did a house inspection(at the end of August) in the process of the
home purchase, turned out to be fine.
But the problem occured after it started to rain in this area.
The roof is now leaking, and about 3-4 feet of the moulding along the
bottom of the master room is swelled and wet.
The carpet near that part is soaking wet too.
So, we called the inspector again. The inspector said the vinyl
underneath the roof is probably ripped or something that.
And he was like ...........it's not like the roof is rotten or broken
somewhere, that's why he couldn't catch that, and no one can find it.


Our realtor says it's the inspectors responsibility.
But the inspector says no one is able to catch that kind of problem
because the roof seemed fine from the outside and it wasn't leaking
when he did the inspection.(it wasn't rainy, that's why!)


The realtor said we could sue the inspector, but we really don't want
to take that kind of action.
I am really lost and don't know what to do and who to talk to. Who's
really responsible here? Any idea?
Any help would be appreciated.

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Default the roof is leaking in my new house, who's responsible? the inspector?


wrote:
Hi, i'm just having a hard time figuring out who is responsible for the

leaky roof. I really hope someone can help me on this.
The situation is like this...

We bought a house (about 7 years old) in Surrey, BC, and moved in about

4 weeks ago(at the end of October).
We did a house inspection(at the end of August) in the process of the
home purchase, turned out to be fine.
But the problem occured after it started to rain in this area.
The roof is now leaking, and about 3-4 feet of the moulding along the
bottom of the master room is swelled and wet.
The carpet near that part is soaking wet too.
So, we called the inspector again. The inspector said the vinyl
underneath the roof is probably ripped or something that.
And he was like ...........it's not like the roof is rotten or broken
somewhere, that's why he couldn't catch that, and no one can find it.


What did your roofing contractors say the issue was? Presumably, the
folks who repair roofs would be able to point out what the issue is
(e.g., it could be a rolled asphalt roof, your flashing may be poorly
installed, and probably a few other reasons that haven't happened to me
personally).

Our realtor says it's the inspectors responsibility.


The inspector's responsibility to do what? I guess what I'm unclear on
is 'what that kind of problem is' based on what your contractors have
said.

My gut feeling is that unfortunately this is one of those cases where
things happen.

Had there been prior evidence of water damage? Did the former owners
say anything when asked prior to purchase?

But the inspector says no one is able to catch that kind of problem
because the roof seemed fine from the outside and it wasn't leaking
when he did the inspection.(it wasn't rainy, that's why!)


The realtor said we could sue the inspector, but we really don't want
to take that kind of action.
I am really lost and don't know what to do and who to talk to. Who's
really responsible here? Any idea?


Again, my gut idea is that this is one of those not-talked-about joys
of homeownership. But truly, what do the contractors say?

Sometimes, in my experience, things happen -- although typically, the
roof only starts leaking after you've placed something really really
valuable/fragile under the point where it starts leaking....

Caledonia

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Default the roof is leaking in my new house, who's responsible? the inspector?


Caledonia wrote:
wrote:
Hi, i'm just having a hard time figuring out who is responsible for the

leaky roof. I really hope someone can help me on this.
The situation is like this...

We bought a house (about 7 years old) in Surrey, BC, and moved in about

4 weeks ago(at the end of October).
We did a house inspection(at the end of August) in the process of the
home purchase, turned out to be fine.
But the problem occured after it started to rain in this area.
The roof is now leaking, and about 3-4 feet of the moulding along the
bottom of the master room is swelled and wet.
The carpet near that part is soaking wet too.
So, we called the inspector again. The inspector said the vinyl
underneath the roof is probably ripped or something that.
And he was like ...........it's not like the roof is rotten or broken
somewhere, that's why he couldn't catch that, and no one can find it.


What did your roofing contractors say the issue was? Presumably, the
folks who repair roofs would be able to point out what the issue is
(e.g., it could be a rolled asphalt roof, your flashing may be poorly
installed, and probably a few other reasons that haven't happened to me
personally).

Our realtor says it's the inspectors responsibility.


The inspector's responsibility to do what? I guess what I'm unclear on
is 'what that kind of problem is' based on what your contractors have
said.

My gut feeling is that unfortunately this is one of those cases where
things happen.

Had there been prior evidence of water damage? Did the former owners
say anything when asked prior to purchase?

But the inspector says no one is able to catch that kind of problem
because the roof seemed fine from the outside and it wasn't leaking
when he did the inspection.(it wasn't rainy, that's why!)


The realtor said we could sue the inspector, but we really don't want
to take that kind of action.
I am really lost and don't know what to do and who to talk to. Who's
really responsible here? Any idea?


Again, my gut idea is that this is one of those not-talked-about joys
of homeownership. But truly, what do the contractors say?

Sometimes, in my experience, things happen -- although typically, the
roof only starts leaking after you've placed something really really
valuable/fragile under the point where it starts leaking....

Caledonia



First step is to get it fixed. If it's definitely traceable to the
roof, as opposed to possibly coming in around the siding, windows, etc,
then I'd call a roofer. If it's questionable, then a general
contractor that does all kinds of repairs would probably be better.

For this to be an error by the inspector, the problem would have to
have been obvious, ie shingles missing or badly deteriorated, missing
flashing, evidence inside of water damage, wetness, etc. Otherwise,
it's impossible for an inspector to be able to see everything. Even
then, it can be difficult to prove ans inspectors contracts are well
known for disclaimers that make it hard to go after them.

You might have a case against the seller, if they knew about it and you
can prove it. Don;'t know about the laws in Canada. The hard part, of
course, is proving they knew about it. Best evidence of that would
probably be evidence that the area of the leak was recently painted, or
that some quick patch was done somewhere. Make sure you take pics of
anything you find.

If you fix this quickly, the cost shouldn't be too bad. The roof is
only 7 years old, so it's likely a small actual repair to the roof,
flashing, etc, and then repainting. Make sure you use stain killer as
a primer.

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Default the roof is leaking in my new house, who's responsible? the inspector?

First of all, thanks for your reply.
Unfortunately, the roofing contractors couldn't come today.. they'll
come to my place tomorrow.. but we are pretty sure that the issue is
the flashing or the vinyl is ripped.

I actually understand that it was hard for the inspector to find that
problem. Indeed, the swelled moulding part was covered by some
furniture at that time.
Who i'm mad at is the previous home-owner. The previous owner didn't
live in this house, he just rent out to some other family. But
shouldn't the previous owner have checked any damage and report to us
after the tenent moved out?
I assume the owner should have noticed it because the middle part of
the swelled moulding turned to yellow from white colour.
Bad for us, the previous owner lives in another province, making very
hard for us to get a hold on him. My family kinda decided to pay for
the repair and give up to find who's fault it is. It seems like more we
try to find it out, the more we ruin other ppl's feeling as well as
ours.

Sometimes, in my experience, things happen -- although typically, the
roof only starts leaking after you've placed something really really
valuable/fragile under the point where it starts leaking....


I totally agree with u Caledonia.. things just happen.. we just got a
bad luck this time..

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Default the roof is leaking in my new house, who's responsible? the inspector?

Thank you "

Like everyone is saying, the hard part is to prove whether or not the
former owner knew about this.. as i explained above, i'm almost at the
stage of "give up".
I'm just hoping the repair would not be that expensive.

I really appreciate all of your help.



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Default the roof is leaking in my new house, who's responsible? the inspector?


wrote:
First of all, thanks for your reply.
Unfortunately, the roofing contractors couldn't come today.. they'll
come to my place tomorrow.. but we are pretty sure that the issue is
the flashing or the vinyl is ripped.

I actually understand that it was hard for the inspector to find that
problem. Indeed, the swelled moulding part was covered by some
furniture at that time.
Who i'm mad at is the previous home-owner. The previous owner didn't
live in this house, he just rent out to some other family. But
shouldn't the previous owner have checked any damage and report to us
after the tenent moved out?
I assume the owner should have noticed it because the middle part of
the swelled moulding turned to yellow from white colour.



The house was rented out, so the owner wasn't living there. You had
the house inspected by a professional in August, specifically to look
for this type of problem and he didn't uncover the problem. You
apparently have actually been living there for 4 weeks until you
noticed it. Under those circumstances, I don't see what makes you
think the owner should have noticed it. Beyond that, in most areas,
for the seller to be responsible, you'd have to show that the owner
actually did know about it, which the above evidence doesn't support.





Bad for us, the previous owner lives in another province, making very
hard for us to get a hold on him. My family kinda decided to pay for
the repair and give up to find who's fault it is. It seems like more we
try to find it out, the more we ruin other ppl's feeling as well as
ours.

Sometimes, in my experience, things happen -- although typically, the
roof only starts leaking after you've placed something really really
valuable/fragile under the point where it starts leaking....


I totally agree with u Caledonia.. things just happen.. we just got a
bad luck this time..


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