Legal Question in Real Estate Law in Ohio

roof leaking after living in home for only 2 months!

My husband and I just bought a house 2 months ago. Last night a furnace guy was over here looking at our furnace and I was standing in the hallway watching him and I started feeling drips on my head. I look up and the ceiling was leaking. We put a bowl out for the night and woke up and it was completely full of water. My husband got in the attic when he got home from work this evening to find some wood dry wroughted (spelling?) and dripping in a couple different spots from the roof. Is there anything we can do? To the seller or to the inspector?


Asked on 10/23/07, 8:00 pm

1 Answer from Attorneys

Robert Rosplock Rosplock & Perez

Re: roof leaking after living in home for only 2 months!

To hold a seller liable for fraud, you have to show the following:

1. The seller knew of the defective condition.

2. The seller failed to disclose it to the buyer.

3. The buyer could not have discovered the condition through reasonable inspection of the property.

This is usually a dificult task, especially as your contract no doubt states you bought the property "as is".

As to the inspector, the issue is whether he should have discovered the rotted wood. If so, you have a claim against him. You are likely to find, however, that your contract with your inspector limits his liability to what you paid for the inspection.

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Answered on 10/24/07, 9:06 am


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