Legal Question in Federal Tort Claims in Minnesota

Faulty Home Inspection

I had my house inspected before I bought it. The inspector said that my roof was ''in perfect working order and should last a numbers of years.'' Based upon his inspection, I bought the home. Shortly after I moved in I learned that my neighborhood suffered extreme hail damage one month PRIOR to the date of the inspection. All of my neighbors recieved new roofs because theirs were damaged from the hail storm. I contacted my real estate agent who, in turn, contacted the sellers agent. Both agents worked together to contact the seller's home owners insurance company. The insurance company said that they admit there was hail damage in the area and they admit the seller had insurance at the time; however because SHE failed to submit a claim she was not entitled to a new roof. Both of the real estate agents told me that I was out of luck, they were sorry but there was nothing that they could do. I think that I am entitled to a new roof, just like the rest of my neighbors. I feel that I did every to prevent this mess and now I am wondering what legal recourse I have. Please advise.


Asked on 8/07/02, 11:55 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Faulty Home Inspection

Your recourse is against the inspection company which failed to diagnose the problem and advise you accordingly. Read your contract. They are liable for defects which they should have discovered but did not. You should know that hail damage on a composite shingle roof usually doesn't show up for 90 days or so, and then the gravel begins to wash into the gutters and black spots appear on the shingles where they were hit by stones.

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Answered on 8/07/02, 4:59 pm


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