Mold or Fire Damage on Roof - Failure to Disclose or Negligence by Building Inspector

[am3rican]

We have a house with attic mold and considerable evidence of smoke/fire damage. The inspection company failed to identify either issue. The seller failed to disclose the issues. Ideally, we would like the attic mold remediated. Here is the background:

We purchased an FHA loan house in March 2009. Prior to purchase, we had an inspection performed, which did not identify any issues with the roof. The inspection report states the roof is in "good condition for its age". The inspector verbally stated he thought the roof was less than 5 years old. The inspector did not climb in the attic.

Several months after settlement, we noticed a leak around a window frame and a bathroom HVA vent. We called a roofer who replaced a 4'x6' section of the roof which was covered in mold. He mentioned the roof had been leaking for quite sometime (years). As a reaction to this, we called our homeowner's insurance company who sent an independent appraiser who noted the roof needed to be replaced soon. In addition, the insurance appraiser noted half the roof had been replaced due to fire and the other half had bean sealed to contain smoke damage. He mentioned it was apparent and would have been identified had the inspector performed a proper inspection of the attic space.

We contacted the inspection company. After sending another inspector to properly inspect the roof, the inspection company has admitted that it failed to do a thorough inspection of the roof, particularly the interior attic space. The inspection company's website even advertises that a failure to crawl into the attic space is considered "unacceptable." They are willing to refund the full inspection cost. Do I have further recourse with this inspector? We feel the smoke/fire damage would have caused us to seek a roof inspection by a qualified roof inspector (thus discovering the mold) and to not purchase the house.

I have not contacted the seller regarding the failure to disclose the fire/smoke damage. We would like to pursue the issue to the fullest with the inspector prior to turning to seller.

[am3rican]

The property is located in PA

[Mr. Knowitall]

Generally speaking, the contract you have with the inspector will limit their liability to the amount you paid for the inspection. That, presumably, is why you're being offered the refund and nothing more.

Have you investigated to determine when the fire occurred and whether it was during the time the seller owned the home? Any indication that the leaks that developed had been previously repaired?

[am3rican]

The house has been owned by 3 parties (myself being the latest). The fire occurred during the time of the first owner. Is there a way I can obtain the disclosure between the original owner and the seller I contracted with? How would I go about obtaining this.

The house was flipped, after a complete renovation. This included a renovation of the kitchen and re-insulation of the space of the kitchen. This would have required the seller (who performed the work) to crawl into the attic. Is this sufficient to prove he was aware of the damage? There is no proof the leaks had been previously repaired.

[Mr. Knowitall]

There's not necessarily a duty to disclose a previous fire if it didn't happen during the prior owner's time in residence and the damage has been (to his knowledge) repaired.

Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with section 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property.