Legal Question in Real Estate Law in Indiana

I bought a house last July, inspection did not show anything wrong with roof, he passed it. Recently it was discovered that the roof has soft spots, had a roofer look at it for damage, none was found except for the soft spots under the current shingles. This layer of shingles was put on according to the seller in 2006 and the roofer stated that the top layer is in good shape. I feel like the sellers were hiding the bad roof from me and I also believe that this inspector did not walk the roof or he should have felt the soft spots as he walked around. He did not indicate anything was wrong at the time of the inspection nor was there anything in his report. Is there any legal recourse for me against the inspection company and the sellers of this house to have this roof replaced?


Asked on 5/09/12, 9:43 am

2 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Sounds like a difficult situation. If you look at the disclosure form it asks about current conditions so unless the seller made a specific representation to you about the roof that is false, you will have a difficult time suing the seller, especially since they lived in the house for 6 years after having a new layer of roofing put on.

Regarding the inspection company, you need to look at their contract to determine exactly what they agreed to do. Additionally, there is usually a limitations clause that caps damages at the cost of the inspection. In other words, the most you can get ( absent a determination that the clause is not appropriate) is an amount equal to the cost of the inspection.

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Answered on 5/09/12, 10:12 am


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