Seller didn't disclose known roof issue - how should I proceed?

[Account Closed]

Hi everyone,

I purchased my first multifamily home in October 2018. The listing advertised the house as having a "young roof". No issues with the roof were verbally disclosed to me, nor were they disclosed on the disclosure form ("known defects:" was left blank). I had it inspected and my inspector didn't notice any major issues. 

However, since closing, at least 4 areas of shingles have blown off in the wind causing rain to leak inside all the way to my third floor unit. Since the house is so tall, these are costly repairs. Several licensed roofers have told me my roof was improperly installed. I tried to submit a claim to my insurance, and was denied twice, because the issue was determined to be due to the improper installation of my roof. 

I believe this was a known issue because my tenant and neighbor both said that before I bought the house, the seller was always patching up the roof. If this had been disclosed to me, I would not have purchased the house (or at least negotiated a lower price). 

It seems like my options are to either replace the roof myself (which I didn't budget for since I was told it was a young roof with no defects), or to go after the seller for not disclosing a known issue (which could also be costly and stressful).

Any advice on how to proceed would be greatly appreciated! I'm really lost as to what my best option is...

[Don Gouge]

I tend to agree with the above response. The seller may have felt there were no issues because he had repaired any prior issues. It would be difficult to prove he knew there was a problem at the time of sale. Incorrect installation needs to be confirmed by a representative of the shingle manufacturer. Often a roofing license is just a matter of a fee payment and proof of insurance. Despite what the inspector's says, he can still be sued and you can collect if he is incompetent.