Owings Mills, MD asked in Real Estate Law for Virginia

Q: Leaking roof after 4 days of ownership

I closed on my house last week. 4 days after the purchase we had a rain storm and the roof leaked in multiple areas, one area seemed to have been ongoing. There were areas that were tarred but the area was deemed sound at the time of sale and only cosmetic (I believe the contractor that assessed this is the homeowner’s son in law). My inspector did not check the attic ceiling under the patched area. When I showed reservations at the time of making an offer my realtor told me that I could have an inspector along at walk through and still get out of sale at that point if there was something amiss. When it came close to the walk through I again mentioned my reservations and asked about an inspector joining us. My realtor told me I would be in breach of contract if I backed out now and I would lose my earnest money But could also be sued by both realtors for both commissions and bought me a warranty to make me feel better. Now less than a week in I need a new roof. Is anyone at fault?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: Is someone at fault? Yes, but mostly you for not having a lawyer advise you on the largest purchase of your life. Now, you will need a much more expensive review to determine who, if anyone, breached their duties to you. Sorry. It cannot be reviewed without the contracts, the advertisements, the emails, the inspection report, and everything else. Some may do that review for free, but, in my opinion, doing the review for free is an indication that the lawyer doing the review is inexperienced and unqualified. Good luck.

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