Real estate question

I believe that if the seller knows about an issue (which if a roofer says you have then a good lawyer will use that against you) that an inspector doesn't catch and the seller doesn't disclose it, the seller is still on the hook should the buyer sue.

The seller fulfilled their disclosure obligation at the appropriate point in the home buying process and it was accurate at the time. Further, the roofer suggested to the OP that the OP should get a new roof rather than make repairs. From my understanding in this thread, the roof is functioning as its supposed to be with no leaks or dangerous issues. Its not incumbent upon the OP to let the buyer know that a roofer suggested the roof should be replaced. The buyer should already be aware of this based on their knowledge of the age of the roof alone.
 
The seller fulfilled their disclosure obligation at the appropriate point in the home buying process and it was accurate at the time. Further, the roofer suggested to the OP that the OP should get a new roof rather than make repairs. From my understanding in this thread, the roof is functioning as its supposed to be with no leaks or dangerous issues. Its not incumbent upon the OP to let the buyer know that a roofer suggested the roof should be replaced. The buyer should already be aware of this based on their knowledge of the age of the roof alone.

I see your point.
 
I am a home improvement contractor. Do not go by what the roofing guy told you. The person who inspected the home for the buyer, who is there to protect the buyer, did not say the roof needed to be replaced. Replace what their home inspector requested. Getting opinions from other roofers may not help you either. They want to make money, they don’t want to waste time going to peoples houses and saying your roof is good. If at all possible they will say it needs to be replaced. If you want to do the right thing you should hire your own home inspector to evaluate it. Someone who is getting paid to tell you if it’s good or not, not only getting paid if it’s bad.
 
The buyer had it inspected. The inspector did not say to repair the roof. Here if the inspector fails to catch a problem, the inspector is now responsible for that problem if it becomes an issue.

We bought a new build in December 2001. The city inspector passed off on that new build. Right before our year of repair work was up, we brought in our own inspector. He caught that two beams in the roof were cracked and had to be replaced. A few months later we had a big blizzard. If we wouldn't have had the beams repaired the roof would have collapsed. A few houses down from us did have their roof collapse. The city's insurance had to pay for the repairs as their inspectors failed to catch the problem.
3rd Party Home Inspection is an unregulated industry here. :mad: I would LOVE it if some of the incompetent goofs who do it were actually held to account.
 


Thank you for all the replies. We are 100% on board with disclosing this new information, but I don't believe our realtor wants to (because she doesn't think it is required.) Maybe she is afraid the buyer will back out of the purchase and we don't have a back up buyer.

We already know our buyer doesn't want a price reduction to cover repairs. We offered to do that when we first got the list of things to be fixed and the reply came back that she just wanted the repairs done. That was before we got the new roof information.

We don't think the buyer's home inspector did a very good job. We recently had our house painted inside and haven't put our smoke detectors back up. There was no mention on the inspection report to install smoke detectors, which seems like such an obvious thing.

There is a real estate attorney where I work so I am going to talk to him tomorrow if he is in. Thanks again everyone!
I’m amazed they want the repairs done prior to purchase. When we bought our house it had a few things requiring repair. The sellers offered us a credit which we took, so we could choose the repair people etc.

I’d much rather choose who repairs my home than let someone else do it.
 

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