Q: I purchased a NEW built Florida home in 2002. I just found out the roofing on this home was not installed properly.
Because of the improper installation the roofing, water is going under the roofing, and now has damage the fascia boards, roof sheeting ,etc.
Who is responsible for the cost of repair/replace
A:
If it is an improper install, then the roofer who installed it is liable.
It is NOT the seller of the house nor the inspector (well maybe the inspector but they usually have limits on their liability in your contract).
Your issue however is that you are 15 years into the roof. This brings up statute of limitations and warranties. Your new home warranty should be looked at (the contract of purchase or other sales material) - however those usually have a lifetime of 10 years at most. If it is in effect then the Seller or a warranty company would be responsible. There may be a separate roof warranty - look for it.
A: To be the seller's liability you would need to PROVE that they knew of the issue, and frankly if you didn't for over 15 years of ownership it will be unlikely you can prove that. I agree that it is likely the builder, BUT you have statute of limitations issues as it's been 15 years now; if there was truly a large issue from the start by builder it would've shown before 15 years, and further now you have wear on the roof (nearing the end of the roof's life) that the builder can say caused the leak.
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