Legal Question in Real Estate Law in Georgia

We recently purchased a home (built 2005) in September. A new roof was installed by the former owners in June of '09. Since the purchase of the home we have had significant rains resulting in the discovery of a leak. We have had the roof redone twice now and still do not see an improvement with our leaks. After speaking with our neighbors it was brought to our attention that the former owners had a chimney issue and thought replacing the roof would resolve these issues. This issue was discussed between our neighbor and former owner in length. Our leaks have now been linked to a chimney issue per the mason's assessment. This leak/chimney issue was not stated in the seller's disclosure or disclosed after conversations centered on the leak with the seller.

Could we hold the seller liable for the financial cost in repairing this issue? This home was resale, not a forclosure or an "as is" sale. Thanks!


Asked on 12/02/09, 1:58 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It primarily depends on whether the isse with the roof/chimney was a latent defect that a reasonable buyer could not discover. If so, you may have a claim for fraud. Speak to a local real estate attorney.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 12/09/09, 11:57 am


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