Tuesday, August 11, 2020

Who is to Blame?

 Question: We recently bought what seemed to be a well maintained house. We didn't get a home inspection and after being in the home two weeks, noticed that the ceiling sagged in the living room & were poorly patched.  After having heavy fall for two days we noticed two leaky areas in the roof. Are the sellers liable for not disclosing the faulty roof when it is evident that they knew? Also, our basement flooded.


Answer: Supermarkets sell eggs in plastic holders. If you look at & inspect the cartons you can see if the eggs are okay. If you don't look, you can't blame the supermarket.
If the ceilings were badly patched, you could plainly see that there had been problems. The repairs were not hidden. In effect, you were on notice that questions should be asked.
As a buyer you should have obtained a professional home inspection to find problems, including those that you might not see. As to the responsibility of the sellers, it depends on the jurisdiction where the home was sold, what disclosures were made, and whether or not the property was sold in "as is" condition.  Also, in the past couple of seasons, some areas  have experienced levels of rain not seen in decades -- and thus leaks and flooding not seen in years. Sellers are not responsible for freak future storms or the leaks they might cause.

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