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hypotenoos t1_j0ue1n9 wrote

Reply to comment by Parking_Elephant_848 in 1 year old leaking roof by berrylover6020

The home inspector really has no obligation to them as he did not prepare the report for their use.

Probably a good chance the report has a paragraph in it regarding intended use and intended users- which probably doesn’t include the seller or these buyers.

Same goes for the contractor when there was apparently no warranty provided to the customer let alone the next owner.

The right person to pursue if anyone is the seller.

They had to provide a seller disclosure which is essentially a warranty that they are not aware of issues and/or a disclosure of those they do know of. It also covers if proper permits were pulled.

If no permit in the roof but they claimed to have pulled one, that’s a problem for the seller.

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Courageous_Chameleon t1_j0utmo0 wrote

They'd have no case against the seller. The roof was replaced in January. OP bought the house in March and agreed to use the old inspection report. The sellers would just say (whether it's true or not), "We had no idea there was a problem. The roof was just replaced and the inspection report said it was fine." OP would have to be able to prove the seller knew the work was shoddy.

I'm not a lawyer, but I went through the same thing as OP, so I heard this from several lawyers I consulted.

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hypotenoos t1_j0uu2tc wrote

If they disclose it was replaced and state that permits were pulled or were not due to not being required- they are- then they have an issue.

If they disclose it was replaced and say nothing on permits, then it’s more gray but still a problem.

Thing sounds like a flip situation and the seller disclosures on those tend to be mine fields.

And again the inspection was done for the other buyer, not the seller. Another murky area.

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kistner t1_j0vio1l wrote

Everything you noted is what I would surmise as well. The permit thing is iffy; a lot of times no permit is required to replace an existing item like a roof (or windows, or a furnace, etc).

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hypotenoos t1_j0vk2oz wrote

I think most areas around here and the City require a permit for a new roof anymore unless it’s a re-roof over existing. Once you tear off it tends to be a permit.

In the City I believe it’s considered a “minor alteration” so long as nothing structural is modified but it’s still a permitted item.

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kistner t1_j0vom1o wrote

City definitely does. I don't think that's universal tho. I've never been required to get a permit for roofing on several houses and rentals (not in City of Pgh).

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hypotenoos t1_j0vp88a wrote

Enforcement is definitely varied throughout the area, but I think it also depends on who you ask.

A lot of contractors might tell you it’s not required, but it might be a different story at the code enforcement office.

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kistner t1_j0vvz5s wrote

I don't trust contractors to do what they should because in my experience they usually don't. I have verified not needing a permit for replacement of like items. As a real estate professional I can't let myself be cited for something ridiculous.

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berrylover6020 OP t1_j0vxj23 wrote

I contacted our borough and left a message asking if permits are required for new roofs. Waiting to hear back. If they are, I do not believe they obtained one per the seller disclosure, but they may not have been required to.

If no permit is required, I don’t think there is anything else we can go after the sellers for (just my non-legal educated guess). I think the main action here is going after the contractor but not sure thats possible when we didn’t hire/sign the contract.

Have calls in for roofers to give use multiple estimates and opinions. Called our insurance broker today and she said to wait for that info and then we can file a claim. She also advised seeking possible legal advice for going after the contractor because a 1 year old roof, with no storm damage, should not be leaking if properly installed.

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kistner t1_j0vz0ky wrote

When you talk to them they should be able to verify if one was issued, in addition to your other questions.

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