DIYbanter - View Single Post - the roof is leaking in my new house, who's responsible? the inspector?

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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..