THE QUESTION STILL IS---- IS THERE ANY DAMAGE AND WHAT PROOF IS THERE
IT OCCURRED AFTER INSPECTION. Plus if the buyer did not notice the
damage and did not get another inspection prior to closing for all
legal purposes the house was in the same condition at the time of
inspection. A cursory home inspection with a guy guessing the
age/condition of the roof from the ground is NOT legal evidence of
anything. No judge will accept that "evidence" to give someone $5000
and go against all real estate law . Buyer is whiny and just wants a
handout. I bet if she got $5k it would go to a granite c-top since the
roof is FINE!!!


wrote:
wrote:
All these pretty much indicate the buyer is out of luck . It's clear
that once the deal closes the house is "as-is" and any subsequent
issues are the buyer's problem. The only one that mentions roof says
"known" leaks and if the seller didnt know or there was no apparent
damage the sellers are off the hook.


Can you read? Section 10.2 of the first contract example spells out
explicitly that the buyer warrants that they will deliver the property
in the same condition it was in at time of contract:

10.2 Condition of Property. Seller warrants that the Property will be
in the following condition ON THE DATE SELLER DELIVERS PHYSICAL
POSSESSION TO BUYER:
(a) the Property shall be broom-clean and free of debris and personal
belongings. Any Seller or tenant moving-related damage to the Property
shall be repaired at Seller's expense;
(b) the heating, cooling, electrical, plumbing and sprinkler systems
and fixtures, and the appliances and fireplaces will be in working
order and fit for their intended purposes;
(c) the roof and foundation shall be free of leaks known to Seller;
(d) any private well or septic tank serving the Property shall have
applicable permits, and shall be in working order and fit for its
intended purpose; and
(e) the Property and improvements, including the landscaping, will be
in the same general condition as they were on the date of Acceptance.

From the third contract example:

14. CONDITION OF THE PROPERTY: Seller agrees to deliver the Property
to
Buyer in its present condition, ordinary wear and tear excepted, and
further certifies and represents that Seller knows of no latent defect
in the Property.


There are none as blind as those that will not see. But at least you
should have sense enough to stop telling the OP that they are a whining
buyer and should just eat this loss without pursuing it at all. What;s
your problem with letting a judge who understands contract law decide?