Legal Question in Civil Rights Law in Florida

Home Inspection wrong

My fiance and I just bought our first home 5 months ago. We were told to have the home inspected, which we did. The inspection came out clean. The inspector said that there was nothing major to fix. We were thrilled.

After five months of living in the house, we had a massive leak from the roof. Once looked out up-close, there was a handsized hole on the roof which had rotted the OSB board, puddled water which eventually broke through the ceiling. The ceiling now has bubbled so much that you can see the area above the room.

The inpector, on the home inspection sheet, stated that roof was in good condition at the time of inspection. It also says that he walked on the roof to investigate, which he didn't. The location of the actual hole could be seen from the side of the house. One didn't even need to climb on the roof in order to see the damage.

My fiance and I are clueless what to do, if anything. We had several roofers come out and determine if we needed a new roof, they all said we did and that the amount of damage couldn't of been done in a five month time span. If we had known the house needed a new roof we would've not of purchased it.

Can you please provide some sort of assistance?


Asked on 3/01/04, 1:07 pm

1 Answer from Attorneys

Re: Home Inspection wrong

This question is posted in the wrong area, so you are not reaching attorneys with expertise in construction and inspection issues. You can call the Florida Bar Association to get a referral for an attorney who can help.

It sounds like you might have a legitimate claim against the inspection company. You could call the company and make a demand that they pay for the new roof in return for your not suing, but I do not recommend it. It is more effective to have an attorney represent you. Just make sure not to spend more on the attorney than you would on the new roof. (If you do call the company, do not make any admisions or concessions and do not put anything in writing unless you have their written guarantee to pay for the repairs or new roof.)

You will also need to get pictures of the damage (do not get hurt taking the pictures!) and an expert opinion (by another roofer, for example) that the damage obviously existed at the time of the inspection and could not have occurred in just 5 months. It's a tough argument, though, because the inspection co. will claim otherwise and no one can prove it one way or the other. However, you can look at your original inspection documents to see whether they actually went up on the roof, or just said it was okay without checking. Anyway, a lawyer who handles these matters can advise you on all of these items.

Also, be sure to check your home owner's warranty (if you have one), as well as your home owner's insurance. Either or both might cover the damage. (Of course, if you make an insurance claim, that might affect your rates or even whether you are alllowed to renew.)

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 3/01/04, 1:41 pm


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