Legal Question in Real Estate Law in New York

Seller's liability for leaking roof 20 days after closing.

We made an offer on the house on September 14, 2001, closed on it on 28 November, 2001 and moved-in on 5 December, 2001. On 18 December it rained 2 inches in about 5 hours and the roof leaked. This was the first rain since we had the home inspected on 13 September, 2001. The inspector noted in his report that ''Active leakage may exist'', but since it did not rain until after closing, we could not verify this. I did not think to hold funds in an escrow account.

Do I have any leagl recourse to go back to the seller and have him pay for the repairs?

Doug


Asked on 1/02/02, 2:48 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Seller's liability for leaking roof 20 days after closing.

It depends on what is written in the contract. Basically, you have no claim against the seller if the contract states that the house is being sold "as is", with the roof being free of leaks as of the date of Closing.

Mike.

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Answered on 1/02/02, 5:57 pm


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