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Updated about 4 years ago on . Most recent reply

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Aidan Mollahan
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Leak in roof after closing

Aidan Mollahan
Posted

I recently closed on my first house and after about 1 month the first rain came and it was discovered that there was a leak due to a water stain on the ceiling. 

Prior to closing I had a house inspection and it was noted that there was no evidence of leaks in the attic. It was noted that there was moisture stains on the eaves & soffits and to have a licensed contractor inspect. My agent had a roofing contractor come out to take a look and they said it was only wear & tear and that they only needed to be painted and nothing to worry about.

After the rain came and the leak was discovered I contacted my agent again to have his roofing contractor come out again. They came out, inspected again, said he couldn't find moisture, moved a tile he though was loose and said that he may have fixed it.

Not satisfied with this contractor, I called another contractor for a second opinion. They came out, did a through inspection and said they found moisture in 3 spots on the roof and recommended that half of the roof needs to be replaced. He said that he would not have passed the roof on initial inspection and that the contractor who did the inspection did not do proper due diligence and should have inspected further to properly find the source.

As the roofing contractor was got through my agent I do not have direct correspondence with him and do not have a report as it was done on site and was told it was nothing major. 

Do I have any recourse for putting the cost of the replacement back on the contractor who did the initial inspection? It was a friend of the agent so I'm worried that I have been taken advantage of in order to get the house sold.

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Jonathan R McLaughlin
Pro Member
  • Rental Property Investor
  • Boston, Massachusetts (MA)
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Jonathan R McLaughlin
Pro Member
  • Rental Property Investor
  • Boston, Massachusetts (MA)
Replied

@Aidan Mollahan the short answer is "No". The agent was your representative, you authorized the contractor, he gave you his opinion and you accepted it. Twice. 

Don't get me wrong, you are right to doubt both his competence and goodwill. Usually nothing good comes from getting a rec from your broker for this very reason--too much incentive to have the deal go through. Bummer, but could be worse. It happens. You can get another contractor to back up that second guy, though I'd bet he is probably close to right. 

  • Jonathan R McLaughlin
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