Inspector didn’t do his job (house needs new roof)

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Inspector didn’t do his job (house needs new roof)

Stone G.
Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes

To make this as short as possible, I closed on a house about a month ago. When the inspection came back this is what was said about the roof

“The composition shingle roof appeared to be functioning as intended at the time of inspection. All roof surfaces are only visually inspected. For a more detailed analysis please contact a licensed roofing contractor.”

Fast forward to a week ago when the GC was doing work on the front porch and noticed there was wood rot, upon further investigation by checking the roof out he noticed there was a decent amount of damage that couldn’t be patched and call for a complete roof replacement. This was all visible if you were on the roof which makes me believe the inspector never got on the roof.

I contacted the inspector and he wants me to resend him the emails of me reaching out to him about the damage because as of this week he’s on a new policy. I’m not willing to do that because that’s potential insurance fraud?

What should be my next steps to get this inspector to cover the replacement of the roof? He already said he only has $1000 to come out of pocket but I know his insurance will likely cover it. Do I contact his insurance or get an attorney involved?

TIA

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Steve K.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
6y

@Stone G. If he’s offering you $1,000, I would take that and be happy all day because usually inspectors have you sign an agreement that they are only liable up to the cost of the inspection, which I’m assuming was considerably less than $1,000. Also seeing as he covered his butt and recommended in writing that you have a separate roof inspection, I don’t see how he’s liable for anything technically, unfortunately. This may not be typical, but what I do is meet my inspector at the property and go through the entire inspection with him. My inspector is great and enjoys having me tag along because I crack jokes and make it fun. I doubt he enjoys working by himself crawling through nasty crawl spaces and attics all day, so I think he actually enjoys the company. He’s a wealth of knowledge and I almost always learn something from him and occasionally he learns something from me. I always learn a lot about the property we’re inspecting that I wouldn’t if I wasn’t there. He takes a lot of photos if I’m not there but photos only tell you so much. He also gives me a big discount because he hates writing up reports and if I’m there with him he just does the minimum required for the lender/insurance and we discuss the rest in person so he saves to me uploading a ton of photos and completing a detailed report. If I don’t have the time to spare to do the whole inspection with him, I at least meet him at the end and he does a quick walk-through with me looking at the trouble areas he found. I’m usually looking at occupied MF buildings so this is my only time to see inside the occupied units anyway. One other thing about inspectors and not sure if it’s the same in Texas, but in CO there is zero certification or regulatory body for them so anyone can walk off the street and call themselves an inspector, so you’ve got to vet them well on your own. I would definitely be on site personally when working with a new inspector to see if they actually know what they’re doing, see if they actually go on the roof, etc. Good luck!

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  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    6y

    Is an attorney worth the cost. His inspection said that the roof appeared to be FUNCTIONING PROPERLY. If you have no roof leaks that MAY be correct that it is functioning properly. 

    1Reply
  • Stone G.
    OP
    Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes
    6y

    @John Thedford there’s some parts where the felt underlayment is exposed as well as a section of the roof where there are no shingles at all. This should’ve been caught by him if he was ever on the roof

    0Reply
  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    6y

    I am by no means defending him. I have had inspectors "miss" items that cost me a lot of money. Just not sure how easy it is to recover anything from them.

    1Reply
  • Caleb Heimsoth
    Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    6y

    @Stone G. Are you sure you didn’t sign some sort of legal disclosure that absolves your home inspector of this sort of liability? I am guessing you did.

    In my area home inspectors don’t go on roofs. They’ll look at them but they don’t go onto them. So I think that’s unreasonable too.

    4Reply
  • Benjamin Galetti
    Brentwood, CA · Member since 2018 · 14 posts · 5 votes
    6y
    Originally posted by @Caleb Heimsoth:

    @Stone G. Are you sure you didn’t sign some sort of legal disclosure that absolves your home inspector of this sort of liability? I am guessing you did.

    In my area home inspectors don’t go on roofs. They’ll look at them but they don’t go onto them. So I think that’s unreasonable too.

    Same thing in my experience. If the roof is questionable, I get a roof inspection and or quote for repair 

    0Reply
  • Stone G.
    OP
    Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes
    6y

    @Caleb Heimsoth if I remember correctly I never signed anything with the inspector. I think it’s pretty common for them to go onto the roofs here in south Texas.

    0Reply
  • Stone G.
    OP
    Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes
    6y

    @Benjamin Galetti thing is the listing said there was a new roof and when the inspector came back and said no deficiencies were found on the roof I had no reason to second guess until the GC said there were multiple spots on the roof that needed immediate addressing.

    0Reply
  • Trevor Stratton
    Contractor · Seattle, WA · Member since 2016 · 12 posts · 6 votes
    6y

    If there’s areas with no shingle coverage that’s an obvious Problem that they would have seen if they got on the roof. Sadly I see a lot of inspectors and estimators that can’t be bothered to get on the roof to check.

    2Reply
  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    6y

    @Stone G. If he’s offering you $1,000, I would take that and be happy all day because usually inspectors have you sign an agreement that they are only liable up to the cost of the inspection, which I’m assuming was considerably less than $1,000. Also seeing as he covered his butt and recommended in writing that you have a separate roof inspection, I don’t see how he’s liable for anything technically, unfortunately. This may not be typical, but what I do is meet my inspector at the property and go through the entire inspection with him. My inspector is great and enjoys having me tag along because I crack jokes and make it fun. I doubt he enjoys working by himself crawling through nasty crawl spaces and attics all day, so I think he actually enjoys the company. He’s a wealth of knowledge and I almost always learn something from him and occasionally he learns something from me. I always learn a lot about the property we’re inspecting that I wouldn’t if I wasn’t there. He takes a lot of photos if I’m not there but photos only tell you so much. He also gives me a big discount because he hates writing up reports and if I’m there with him he just does the minimum required for the lender/insurance and we discuss the rest in person so he saves to me uploading a ton of photos and completing a detailed report. If I don’t have the time to spare to do the whole inspection with him, I at least meet him at the end and he does a quick walk-through with me looking at the trouble areas he found. I’m usually looking at occupied MF buildings so this is my only time to see inside the occupied units anyway. One other thing about inspectors and not sure if it’s the same in Texas, but in CO there is zero certification or regulatory body for them so anyone can walk off the street and call themselves an inspector, so you’ve got to vet them well on your own. I would definitely be on site personally when working with a new inspector to see if they actually know what they’re doing, see if they actually go on the roof, etc. Good luck!

    7Reply
  • Justin Tahilramani
    Rental Property Investor · Fayetteville, NC · Member since 2014 · 884 posts · 670 votes
    6y

    I doubt that you ever get a penny from him. He recommended that you get a licensed roofer to provide you with an opinion of the roof. Sounds like you may have a case against the seller if they truly did represent that the house had a new roof.

    1Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    6y
    Originally posted by @Stone G.:

    To make this as short as possible, I closed on a house about a month ago. When the inspection came back this is what was said about the roof

    “The composition shingle roof appeared to be functioning as intended at the time of inspection. All roof surfaces are only visually inspected. For a more detailed analysis please contact a licensed roofing contractor.”

    Fast forward to a week ago when the GC was doing work on the front porch and noticed there was wood rot, upon further investigation by checking the roof out he noticed there was a decent amount of damage that couldn’t be patched and call for a complete roof replacement. This was all visible if you were on the roof which makes me believe the inspector never got on the roof.

    I contacted the inspector and he wants me to resend him the emails of me reaching out to him about the damage because as of this week he’s on a new policy. I’m not willing to do that because that’s potential insurance fraud?

    What should be my next steps to get this inspector to cover the replacement of the roof? He already said he only has $1000 to come out of pocket but I know his insurance will likely cover it. Do I contact his insurance or get an attorney involved?

    TIA

     If you read the contracts that home inspectors have you sign there are all sorts of hold harmless clauses in there so I don't think you've got a legal leg to stand on. He may be compelled to pay something so he can protect his reputation as a business owner but that's of course between you and him and how much he values the outcome of you leaving bad reviews and things of that nature.

    Going forward consider it a learning lesson that you need to vet home inspectors just like everyone else in business. Not everyone is good at their job and nothing beats having your own first hand knowledge. Study the roof so you can spot these types of things on your own next time. One more thing to note is that it's not that uncommon for home inspectors to do a visual roof inspection from the ground. Of course it's nice when they get up there but that is by no means done 100% of the time.

    3Reply
  • Michael Noto
    Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    If you go by what he wrote in the inspection report he didn't write anything definitive which is by design from what I see from most home inspectors. Their reports are one big hedge and if something doesn't look right or work right they say "contact a specialist in the given area". 

    He said the roof ws functioning properly (which just means no active leaks) and that he only did a visual inspection. He did recommend you contact a roofing contractor for more of an analysis. There is his out or his "hedge" that I mentioned before. The fact that he is willing to potentially give you a $1000 is actually surprising to me because nothing has really changed. It still isn't leaking and you hired a specialist to come take a look like he recommended. 

    0Reply
  • Matthew Meikle
    Realtor · Jacksonville, FL · Member since 2019 · 76 posts · 42 votes
    6y

    @Stone G. The listing said new roof, but what about the disclosures? Did the seller cover their end of liability here? Who did the job for them and will they stand by their work?

    0Reply
  • Stone G.
    OP
    Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes
    6y

    @Steve K. Thanks for the advice, I would’ve been there with him however it was during the baseball season. In Texas we have TREC (Texas real estate commission) who is the governing body of inspectors. Inspectors here have to take classes just like realtors. He knows he’s in the wrong, he has reached out to me multiple times trying to come up with a different story to tell his insurance company. I think it’s just time to run this by an attorney, and if all favors with him take the $1,000 and count it as a lesson learned

    1Reply
  • Stone G.
    OP
    Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes
    6y

    @Matthew Meikle pretty sure the disclosure said new roof as well, there is however a new roof over the attached efficiency apartment but not over the main house.

    0Reply
  • Scott Isbister
    Member since 2019 · 22 posts · 9 votes
    6y

    The inspections all have many waivers.  One inspection I had done on a home had an open basement (no finishing).  It turned out to have a visible foundation issue.  The inspector missed it and so did I.  I had no recourse.  

    On one of the BiggerPockets podcasts, one of the guests had a saying they had hung up in their office to remind themselves everyday:   

    "Education is when you read the fine print. Experience is what you get if you don't."

    I did not pay attention to the fine print of the inspector report and I was negligent on the inspection myself. That experience taught me I had to be more proficient in the inspections myself. After all I was the one that was investing the money at risk. I had no one to blame but myself.

    I would take the $1000 and chalk it up to costly"Experience" gained.

    1Reply
  • Account Closed
    Member since 2019 · 1k+ posts · 1k+ votes
    6y

    You can’t just take these guys word for things. The training to be an inspector is right next door to zero. Many have absolutely no background in trades of any kind and would have a hard time changing a tire roadside. Get a go pro on a golf ball retriever or else a legitimate roofer to inspect for you. Same goes for plumbing, electrical, and your gas furnace (if applicable).

    1Reply
  • Victor S.
    WorldWide · Member since 2016 · 1k+ posts · 1k+ votes
    6y

    Seeing how you're in TX, it would've been obvious if the roof had hail/wind damage (especially since you've mentioned missing shingles). Do you have any pictures of how the roof looks like? What kind of insurance are you carrying on this place? If it's replacement value and they wrote a policy on it, I'd check with a local respected roofers to see if you have a valid claim. Read your contract with the inspector as well. 

    1Reply
  • Stone G.
    OP
    Real Estate Agent · Sugar Land, TX · Member since 2016 · 23 posts · 6 votes
    6y
    Originally posted by @Victor S.:

    Seeing how you're in TX, it would've been obvious if the roof had hail/wind damage (especially since you've mentioned missing shingles). Do you have any pictures of how the roof looks like? What kind of insurance are you carrying on this place? If it's replacement value and they wrote a policy on it, I'd check with a local respected roofers to see if you have a valid claim. Read your contract with the inspector as well. 

    0Reply
  • Chris C.
    Raleigh, NC · Member since 2017 · 347 posts · 94 votes
    6y
    Originally posted by @Steve K.:

    @Stone G. If he’s offering you $1,000, I would take that and be happy all day because usually inspectors have you sign an agreement that they are only liable up to the cost of the inspection, which I’m assuming was considerably less than $1,000. Also seeing as he covered his butt and recommended in writing that you have a separate roof inspection, I don’t see how he’s liable for anything technically, unfortunately. This may not be typical, but what I do is meet my inspector at the property and go through the entire inspection with him. My inspector is great and enjoys having me tag along because I crack jokes and make it fun. I doubt he enjoys working by himself crawling through nasty crawl spaces and attics all day, so I think he actually enjoys the company. He’s a wealth of knowledge and I almost always learn something from him and occasionally he learns something from me. I always learn a lot about the property we’re inspecting that I wouldn’t if I wasn’t there. He takes a lot of photos if I’m not there but photos only tell you so much. He also gives me a big discount because he hates writing up reports and if I’m there with him he just does the minimum required for the lender/insurance and we discuss the rest in person so he saves to me uploading a ton of photos and completing a detailed report. If I don’t have the time to spare to do the whole inspection with him, I at least meet him at the end and he does a quick walk-through with me looking at the trouble areas he found. I’m usually looking at occupied MF buildings so this is my only time to see inside the occupied units anyway. One other thing about inspectors and not sure if it’s the same in Texas, but in CO there is zero certification or regulatory body for them so anyone can walk off the street and call themselves an inspector, so you’ve got to vet them well on your own. I would definitely be on site personally when working with a new inspector to see if they actually know what they’re doing, see if they actually go on the roof, etc. Good luck!

     Agreed.  It would be hard to pin it on him as usually, they have all sorts of get-out clauses.

    0Reply
  • Victor S.
    WorldWide · Member since 2016 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Stone G.:
    Originally posted by @Victor S.:

    Seeing how you're in TX, it would've been obvious if the roof had hail/wind damage (especially since you've mentioned missing shingles). Do you have any pictures of how the roof looks like? What kind of insurance are you carrying on this place? If it's replacement value and they wrote a policy on it, I'd check with a local respected roofers to see if you have a valid claim. Read your contract with the inspector as well. 

     Wowzers... definitely check that contract and see what recourse, if any, you might have. I'd also get on that roof and patch those spots up so they don't leak.

    1Reply
  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    6y

    Aside from the damaged spots, the intact shingles don’t appear to be that old actually (definitely newer style 25-50 year architectural shingles, not old T-locks or anything, but hard to say from the photos the actual overall condition), so it’s possible the inspector just looked over the edge, saw a decent area and assumed the whole thing was in the same condition as the spot he checked. Not sure how those bad areas got messed up maybe a tree fell there or roof was installed improperly, wind damage or ? A good inspector would have walked the whole roof and noted the damage for sure. Hard to say from the few photos but I’d get a roofer out and see if it’s repairable as the intact shingles appear to be in decent shape and not that old. Rarely worth involving a lawyer or insurance in a case like this in my experience.  I’ve learned it’s only worth making an insurance claim for something major like when the place burns down or you’ll just get dropped or have rates increase, and I never voluntarily speak to lawyers  (sorry lawyers, love you guys). If the inspector is willing to give you $1,000, I’d take that, use some of it to repair the roof myself (looks like an easy fix, just replace the missing shingles along the ridge cap basically), put the rest in my pocket and move on personally. 

    0Reply
  • Account Closed
    Member since 2019 · 1k+ posts · 1k+ votes
    6y

    Jeepers,.. I bet google street view would’ve shown that even.

    2Reply
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