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  1. #1
    Join Date
    Jun 2015
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    Default Two Weeks After Closing the Roof is Leaking

    My question involves real estate located in the State of: ohio

    Closed on the house july 1st 2015
    July 10th 2015, roof shingles were pushed up and visible leak through ceiling into house.

    Insurance and home warranty doesnt cover.
    Ive had four estimates and everyone states the entire roof needs replaced and several spots are showing water damage in the attic.
    Home inspector stated No visible leaks and the roof wasnt in great shape but still had a few years left.

    This is where my situation gets sticky. The realtor told me some parts of the roof have been replaced. Now after closing the realtor and seller states the roof was original roof. So I was flat out lied to. Also the seller states the entire house was stained and sealed. Another lie, the logs(log home) on top were never stained or sealed. Icing to the cake the seller never even pumped out the septic which was in the closing terms.
    Before u jump on me about checking these things before closing, im a single 28year old female living in a state away from family or anyone who can help me. I wouldnt even know where to start on checking the septic or looking at a roof.

    New roof quotes average $12,000

    Anyone have any suggestions before i bite the bullet and drain my savings??!

  2. #2
    Join Date
    Jun 2015
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    988

    Default Re: Two Weeks After Closing Roof is Leaking

    Sorry it's still a lot of buyer beware !
    I'll just bet the realtor helped find the inspector?

    1. If there was a requirement to,do,X, like pump a septic prior to closing and you closed w/o it being done then it's ultal likley that requirement disappeared at closing ..it's called the doctrine of merger...and it disappeared unless it was most carefully set aside in writing . I' bet you went to,closing w/o counsel?
    2.Many a sellers disclosure and remedies are quite weak ..I don't know for your state. Oral comments of seller and sellers agent are likely not worth strength of wet toilet paper?
    3. If the seller flat out lied on something in writing on dosclosure that may be of considerable leverage
    4. you need a seasoned attorney as to RE matters to review if you have any practical leverage in your fact pattern.
    5. It's rare that a old roof begins to leak just after closing....but you sort of need to,show it leaked well before that AND seller knew of same .

  3. #3
    Join Date
    Nov 2013
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    Default Re: Two Weeks After Closing Roof is Leaking

    It's funny but I'm beginning to read your posts with a British accent.

    OP, Both the issue of the roof and the septic system are things your home inspector should have caught. Roofs don't just start leaking in 2 weeks unless there has been some damage to it in a storm or a tree limb falling on it. So for your inspector to say there were no visible leaks just means that it wasn't raining at the time of the inspection. The roof was bad and he didn't know it. Bad, bad home inspector.

    Did the home inspection include a septic inspection? How do you now know the tanks were not emptied or inspected?

    Many jurisdictions and counties have regulations that require a pump-out and inspection when there is a change of occupancy. Check with your town and county health departments and find out if one was required. If it was and not done, you may have some recourse against the seller.

    What did the seller disclosure statement say about the roof and the septic system? The only place I see where the septic system would be listed is section N.

  4. #4
    Join Date
    Jun 2015
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    2

    Default Re: Two Weeks After Closing Roof is Leaking

    Just got done speaking with my realtor, I am able to hold the seller liable for the septic. The realtor said it was in closing agreement. I guess he has till friday to have the septic pumped. My father lifted up to check the septic and it was almost full. My realtor is requesting invoices on roof and house being stained and sealed. He cant im not sure what exactly will be done after that point. Fingers crossed. The reason im so mad about this issue is that it was clearly stated in the MLS listing.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Two Weeks After Closing Roof is Leaking

    What did you mean in your first post: shingles were pushed up....?

    then. Review the sellers disclosure form: what does it say to roof issues ?


    contrary to another poster, if the disclosure was completed with probable deception, you have a lot of leverage. A disclosure form is legally dependable statement.

  6. #6
    Join Date
    Jun 2015
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    988

    Default Re: Two Weeks After Closing Roof is Leaking

    Apperently the realtor would like to put out a fire before it starts ...in theory the agent works for seller...but if agent can jawbone corrections..kiss his or her hand and go for it.

    Pumping a septic tells you little..is it a closed or open system? If you don't know the difference and you pour a bunch of caustic dishwasher or toilet cleaners into an open system you will soon get very expensive problems . And to merely pump a tank doesn't tell you if a system works or is up to code OR if seller made any material misrepresentations.

    As to roof...I think it on far side of credible for there to be multiple leaks and the owner did not know...It may be about B on the disclosure. What kind of roof..cedar shake on log cabin? Very costly to do cedar right...my across the street neighbor just did his and we compared notes.

  7. #7
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    Nov 2013
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    Default Re: Two Weeks After Closing Roof is Leaking

    Quote Quoting HRinDEVON
    View Post
    Pumping a septic tells you little..is it a closed or open system? If you don't know the difference and you pour a bunch of caustic dishwasher or toilet cleaners into an open system you will soon get very expensive problems . And to merely pump a tank doesn't tell you if a system works or is up to code OR if seller made any material misrepresentations.
    Actually pumping out a septic tank can tell you a whole lot about the condition of the system. I'm not sure what you mean by open or closed system but here in the US we don't allow cesspools any more.

    When you open the tank and there are no solids on the top, it likely means the outflow baffle is gone and solids have left the tank (very bad). If the level is over the outflow, it means the leaching field is not accepting the effluent or the outflow pipe is clogged. This can also be very bad.

    A subsurface disposal system is not just a big tank. It is an anaerobic or aerobic treatment plant and an experienced technician or inspector can identify all sorts of problems just by opening the tank.

  8. #8
    Join Date
    Jun 2015
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    988

    Default Re: Two Weeks After Closing Roof is Leaking

    I agree entirely that one can learn a lot by taking off the cover...and Ive done just that a few times...dug up the ground and removed the whole cover plate .....


    Merely opening up a 6" or whatever cap and running a suction hose to suction it may not prove much?
    But if a tank with a field is full up that sure should be one great big red flag and potentially a super costly problem.

    By closed system I mean a tank that must be pumped routinely when full...no drainage ...

    I'll bet in many an area that was once rural there are lots of cesspools left..still in operation ...One of my older pals spent a profitable summer and weekends before college and in college digging same

    Can be ultra expensive if an older system fails and must conform to new codes.

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